Burgertown Case Summary
1) Issue: If the termination of the lease is not correct, then who would be liable for the cost of rebuilding the structure?
Rule: The owner selling of the leased premises to a third party does not terminate the lease.
Analysis: Many leases for commercial structures require the tenant to rebuild the structure if it was destroyed out of the control of the landlord. The destruction was caused by a flood which is out of the control of a landlord.
Conclusion: Burgertown would be held liable for the rebuilding of the structure since the lease says that the tenant has to rebuild the structure.
2) Issue: There was a leak found by the Environmental Protection Agency at a waste disposal site. Who of these private parties would have to pay to clean it up? …show more content…
Rule: Under the Comprehensive Environmental Response, Compensation and Liability Act, anyone who have created waste that was disposed there and anyone who has owned or operated the site at the time of the disposal.
Analysis: All three companies were on the site at the time of the leakage and disposing of waste.
Conclusion: Beta, Ace’s Parent Company, and Delta Bank could all be held liable to pay for cleaning up the waste that leaked.
3) Issue: The management at Sport Shoes Corporation wants to expand into the foreign investment and employment markets. What advantages and disadvantages would there be?
Rule: Advantage is that all profits go to the owner with a wholly-owned production. Disadvantage is foreign government expropriation of the facility.
Analysis: Chance of confiscation by foreign
government.
Conclusion: Would be best to get a licensing agreement, because of less risk of loss from confiscation or expropriation.
4) Issue: Best Cooking Sauces, Inc. does not want products to be decoded or pirated aborad of their secrete ingredients and what they can do about it?
Rule: The company can license their recipe, formula, product, or process to foregin company.
Analysis: The foreign company can then have the right to make and sell product according to the recipe.
Conclusion: The foreign company would have to agree to keep information a secrete and to pay the licensing firm.
Rule: The owner selling of the leased premises to a third party does not terminate the lease.
Analysis: Many leases for commercial structures require the tenant to rebuild the structure if it was destroyed out of the control of the landlord. The destruction was caused by a flood which is out of the control of a landlord.
Conclusion: Burgertown would be held liable for the rebuilding of the structure since the lease says that the tenant has to rebuild the structure.
2) Issue: There was a leak found by the Environmental Protection Agency at a waste disposal site. Who of these private parties would have to pay to clean it up? …show more content…
Rule: Under the Comprehensive Environmental Response, Compensation and Liability Act, anyone who have created waste that was disposed there and anyone who has owned or operated the site at the time of the disposal.
Analysis: All three companies were on the site at the time of the leakage and disposing of waste.
Conclusion: Beta, Ace’s Parent Company, and Delta Bank could all be held liable to pay for cleaning up the waste that leaked.
3) Issue: The management at Sport Shoes Corporation wants to expand into the foreign investment and employment markets. What advantages and disadvantages would there be?
Rule: Advantage is that all profits go to the owner with a wholly-owned production. Disadvantage is foreign government expropriation of the facility.
Analysis: Chance of confiscation by foreign
government.
Conclusion: Would be best to get a licensing agreement, because of less risk of loss from confiscation or expropriation.
4) Issue: Best Cooking Sauces, Inc. does not want products to be decoded or pirated aborad of their secrete ingredients and what they can do about it?
Rule: The company can license their recipe, formula, product, or process to foregin company.
Analysis: The foreign company can then have the right to make and sell product according to the recipe.
Conclusion: The foreign company would have to agree to keep information a secrete and to pay the licensing firm.