Holberg & Company, the defendant, had a working business agreement with Citizens National Assurance Company (CNAC), the plaintiff. Owned and operated by Robert E. Holberg, Holberg & Co. is an unincorporated sole proprietorship. Holberg seeked out clients to sell insurance through CNAC for which he collected commission on the sale. To establish this practice between the two companies, CNAC drafted a contract detailing the appropriate conduct, commission rates, etc.…
She was then charged with shoplifting and disorderly conduct. Holguin sued Sally Beauty Supply for false imprisonment, false accusation of shoplifting, and false and malicious abuse of prosecution. The case ended in favor of the defendant, Sally Beauty Supply, in the district court and went to the Court of Appeals of New Mexico. Issue The issue in this case is whether or not Holguin placing the product into her tote back warranted the store to detain her. This depends on whether or not Holguin concealing the product by placing it in the tote and walking towards the front of the store was probably cause to believe she was shoplifting.…
Smith filed a complaint in trial court claiming that the store was negligent with maintaining safety of their store. She is seeking damages for injuries that she suffered from the fall. The store claims that Smith is just as much at fault as they are and that she was not paying attention to where she was walking because she was too distracted by her child.…
Statement of facts- Samantha Smith was shopping at a local grocery store in Indiana a few months ago and had an accident. She slipped and fell on some shampoo that had leaked out of one of the bottles. The day Samantha fell, the employee in charge of the aisle inspection was an older gentleman with glasses. The shampoo on the floor was a clear gel. The store alleges that Samantha had a duty to avoid the spill in the aisle. The store claims that she is at much as fault as they are. Further they allege that she was too distracted by her 2 year old son in the cart, who was misbehaving, to notice the floor.…
They wrote off the deferred subscriber acquisition costs as expense to fix it. After Sep 30st 1996, the company changed the method of recording the deferred subscriber acquisition costs as assets to as expenses according to “SOP 93-7”. Accounting rules regulate that companies can only capitalize “direct response advertising costs” when they can demonstrate that they benefit from the advertising activities directly. However, as a high-tech company, AOL can’t meet with such requirement. So, it should consider these advertising costs to be expense…
The question being presented today, is if both parties involved are equally responsible? Ms. Smith does in fact possibly hold some sort of comparative fault in this case. The grocery store did complete their scheduled aisle check just thirty minutes before Ms. Smith slipped. IND. Code Ann. §34-51-2-5 (WEST 1998) states that “in an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimants contributory fault, but does not bar recovery”.…
The Complainant began her employment as an Associate Systems Consultant (Assoc. Sys. Consult.) on July 25, 2011. She was a member of the Information Technology (IT) Team, referred to as Application Development-Operations. Jason Hochwender, Director, Information Technology , oversees the Application Development area. The Assoc. Sys. Consult. position is associated with a specific career path designed for individuals who contribute within a team environment. The duties of an Assoc. Sys. Consult. include, but are not limited to the following:…
While floor walking in store 603 on 08/22/16 I AP Associate Vanessa McClary observed an unknown male subject that I once recovered merchandise from in store 635 in the pet aisle of store 603, I started watching this subject because I took notice of the fact that he had trash bags on the top of his carriage, which also had merchandise under it. Due to the fact of me not seeing selection I approached the subject and asked him if I could assist him with anything. The subject replied that he didn't need help. I continue to keep an observation on the subject as he went throughout the store putting merchandise from under the trash bag on the shelves. The subject then proceeded o exit the store via the produce side. Total amount recovered $32.63…
The owner set up the requirement that her employees would check the aisles every hour. Trina did attempt to exercise reasonable care. Subsequently, the length of time is considered when looking at the dangerous condition. This is to say, the length of time the condition had been there. Here, the spill happened between 10 am and 11:30am, when the cashier had checked the aisle at 10 to the time of the accident at 11:30. This indicates that the spill had not been there very long, if it was there at all. The cashier stated that the aisle had no leaks, water displays, or water guns anywhere near it, so Trina took ordinary care with her hour inspection instruction. Additionally, the water could not have been there long under the circumstances because there was no water around the area that would make the owner or cashier aware of the fact that water could be on the aisle. Instead, it would be very unlikely water would be on the floor on that aisle, so the length of time here was more reasonable. Had there been water displays, the cashier and owner should have checked the aisles more frequently. In Owens v. Coffee Corner the court found that the owner was liable for coffee that had “just spilled” because it was reasonable foreseeable that coffee-shop customers would spill coffee. However in a camera store where someone “just spilled” soda they were not liable because no refreshments were available and it was unlikely someone would spill. Similarly here, Trina owns a toy store that does not sell refreshments, and spills like this have never happened before. Thus, she is likely not negligent for the spill because the time frame here was not long under the…
On 01/25/17, Asset Protection Manage (APM) Kristen Catucci interviewed Assistant Store Manager (ASM) Darrel Davis with APM Jakub Orlando as a witness, regarding an incident that took place on 01/16/17. During the interview, ASM Davis stated that he was aware of the shoplifting policy and stated that he was too aggressive with the suspected shoplifter and is willing to own up to the consequences. ASM Davis additionally stated that he jiggled the jacket to get the merchandise out of the suspected shoplifter jacket while they were by the front entrance in the spinning door. Additionally, ASM Davis stated that during his orientation there was a strong focus on safety and security.…
The Plaintiff’s, 19-year-old Elli Lake and 20-year-old Melissa Weber were photographed nude, by Weber’s sister, when they were showering together while on vacation in Mexico. Upon return from their vacation, Lake and Weber brought their vacation film to Wal-Mart’s photo lab for developing. When they picked up their developed photos, there was a note from Wal-Mart enclosed with the photos and negatives stating that one or more photos had not been printed due to the nature of the photo. Through friends and acquaintances, Lake and Weber’s had learned a Wal-Mart employee had been sharing a copy of their nude photo, and were later informed a copy or copies of the photograph continued circulate through their community.…
1. Describe clearly the accounting changes Harnischfeger made in 1984 as stated in Note 2 of its financial statements…
An arrest must be against the will of the person confined; a patron who voluntarily follows a store employee back into the store is not arrested. In Bruce v. Meijers Supermarkets INC., 34 Mich. App. 352, 191 N.W.2d 132 (1971), a customer was shopping at Meijer’s in Lansing Michigan. Customer places two pairs of panties in her cart and continues shopping. Customer then places both pairs of panties on a counter other than where she found them. Customer checked out with the cashier. Customer leaves the store. Unidentified man approaches the customer. Unidentified man asks customer where she put the unpaid for panties which the man had seen in her cart while in the store. Customer assumed that the unidentified man was an employee of the store.…
Bridgeton Industries is faced with a difficult decision. Manifolds have been their most profitable product but based off of their recently developed classifications for products it has fallen to the lowest class. The lowest class is then designated to be outsourced. There are many implications for the decision to stop making manifolds. If they eliminate them they are losing almost half of their sales totals ($226,542-$93,120= $133,422). This would then in turn drastically reduce the factory profit from $63,501 to negative profit. Outsourcing the manifolds would just create a similar problem for the remaining products that the manifolds experienced. Since mufflers and oil pans were discontinued the direct labor on manifolds…
How has Aurora Textile performed over the past four years? Be prepared to provide financial ratios that present a clear picture of Aurora’s financial condition.…