Business Law Essay Example | Topics and Well Written Essays - 1750 words - 2

Business Law - Essay Example What will happen if people will know about the duplication? Will there be legal consequences given the situation? Brief Answer One of the possible effects of what Sam Evening’s act is getting charged of theft by false pretenses. This includes false promises which are promises without intent of performance. In the case at bar, Sam Evening and Janet Evening promised to sell to the customers 1000 pieces of Limited Royal Wedding Collectibles which are handmade and personally painted and signed by the artist. The customers are being promised with the quality and the worth of the product. But selling a product made through the service of duplication company is making false pretenses and future promises about products. They are selling the products with intention to gain. Courts will require having a good materiality of misrepresentation. There should be causal relation between the swindler’s deception and the victim’s loss. The state of mind of the accused with respect to his intentions should be given great importance. In the case, Sam’s situation can be said to be a form of obtaining money by false pretenses. Another possible legal effect of Sam’s action is theft by deception. A different offense and can be define in a broader sense. This is the type of theft which uses deception to obtain property of another or service of another. This happens when a person has an intention to deceive other persons to gain. Sam Evening will also be held liable for damages under the Tort Law. These are the damages that he will eventually cause to his business partners under breach of partnership trust. Under the Tort Law, a relief is provided for those who suffered harm from the wrongful acts of others (Hg.org, Tort Law). Statement of Facts The case at bar is considering the possible legal issues that Sam Evening will face after selling products made through the service of duplication company. The products are to be sold as Limited Edition Royal W edding collectibles. There will only be 1000 limited collectibles to be sold for $100. Janet and Sam are so confident that the plates would increase in value. The sellers decided to guarantee the increase in value by promising to buy any plate back within five years from issuance at an appreciated price of 5% annually. Sam and Janet and a friend of theirs, Largess Bucks, each contributed $1000 to cover expenses Sam began producing and signing the plates and Janet created a website to advertise and sell the plates to customers in the United States. After handpainting, signing and numbering 37, Sam got tired and felt like he was doing all of the hard work. Janet did manage the website, including processing payments and shipping products. Their other partner is Largess did nothing. Sam Evening found a plate duplication service and decided to get the service of a duplication company to finish the works of the plates. The company required a minimum order of 1000 plates in order to perfor m these services and a down payment of $3000 to start the order with the remaining $7000 to be paid upon delivery. Unfortunately of the $3000 that they had contributed, $1000 had been used for initial supplies, $500 to set up the website payment processing service, $185 for initial shipping supplies and $315 had been paid to repurchase three plates out of a total of ten plates that had been shipped so far. Sam thought that income from the first set of plate sales would be given at the end of April. So Sam decided to take the $1000 remaining and added $1000 of his