Why did the court apply the filing requirement so literally?

Rodger House purchased a tractor on credit from Pankratz Implement Company. House signed a note and security agreement that made the tractor collateral for the repayment of the debt. The creditor filed a financing statement with the Kansas Secretary of State using the misspelled name of the debtor, “Roger House” rather than the correct name of the debtor “Rodger House.” One year later, House obtained a loan from Citizens National Bank (CNB). House gave a security interest to CNB by pledging all equipment that he owned and that he may own in the future as collateral for the loan. CNB filed a financing statement with the Kansas Secretary of State using the correct name of the debtor, “Rodger House.”

Several years later, while still owing money to Pankratz and CNB, House filed for bankruptcy. Pankratz filed a lawsuit in Kansas trial court to recover the tractor. CNB challenged the claim, alleging that it should be permitted to recover the tractor. The trial court found that Pankratz’s misspelling of the debtor’s first name on its financing statement was a minor error and granted summary judgment to Pankratz. The court of appeals held that Pankratz’s misspelling of House’s first name was seriously misleading and held in favor of CNB. Pankratz appealed.

Issue
Is Pankratz’s filing of the financing statement under the wrong first name of the debtor seriously misleading?

Language of the Court
Because the primary purpose of a financing statement is to provide notice to third parties that the creditor has an interest in the debtor’s property and the financing statements are indexed under the debtor’s name, it is particularly important to require exactness in the name used, the debtor’s legal name. We conclude that Pankratz’ filed financing statement was “seriously misleading.”

Decision
The supreme court of Kansas held that the misspelling of the debtor’s name misled creditors and was therefore ineffectual in giving CNB notice of Pankratz’s security interest in the tractor. The supreme court affirmed the court of appeals judgment in CNB’s favor.

Critical Legal Thinking Questions

Why did the court apply the filing requirement so literally?

What would be the consequence if courts allowed otherwise?

Did either party act unethically in this case?

Why are sole proprietors personally liable for the debts of their business?

Constance Barr was the sole owner of The Stone Scone, a business operated as a sole proprietorship. Based on documents signed by Barr on behalf of The Stone Scone, Fleet Bank approved a $100,000 unsecured small business line of credit for The Stone Scone. Fleet Bank sent a letter addressed to Barr and The Stone Scone, which stated, “Dear Constance H Barr: Congratulations! Your company has been approved for a $100000 Small Business Credit Express Line of Credit.” The bank sent account statements addressed to both The Stone Scone and Barr. For four years, Fleet Bank provided funds to The Stone Scone. After that time, however, The Stone Scone did not make any further payments on the loan, leaving $91,444 unpaid principal. Bank of America, N.A., which had acquired Fleet Bank, sued The Stone Scone and Barr to recover the unpaid principal and interest. Barr stipulated to a judgment against The Stone Scone, which she had converted to a limited liability company, but denied personal responsibility for the unpaid debt. The trial court found Barr personally liable for the debt. Barr appealed.

Issue
Is Barr, the sole owner of The Stone Scone, personally liable for the unpaid debt?

Language of the Court
The trial record contains sufficient evidence that Barr is personally liable for the debt owed to Bank of America. The evidence demonstrates that, at the time Barr acted on The Stone Scone’s behalf to procure the small business line of credit, she was the owner of The Stone Scone and the sole proprietor of that business. An individual doing business as a sole proprietor, even when business is done under a different name, remains personally liable for all of the obligations of the sole proprietorship. As the sole proprietor of The Stone Scone when that sole proprietorship entered into the agreement for a line of credit with Fleet Bank, Barr became personally liable for the debts incurred on that line of credit account.

Decision
The supreme judicial court affirmed the trial court’s judgment that held Barr personally liable, as the sole proprietor of The Stone Scone, for the sole proprietorship’s unpaid debt owed to Bank of America.

Critical Legal Thinking Questions

Why are sole proprietors personally liable for the debts of their business?

Did Barr act ethically in denying responsibility for The Stone Scone’s debts?

Explain a situation that you have been in regarding turnover or absenteeism. How did you handle that situation?

Instructions

Some of the challenges that managers deal with include employee turnover and employee absenteeism. Explain a situation that you have been in regarding turnover or absenteeism. How did you handle that situation? What might you have done differently? Your journal entry must be at least 200 words in length. No references or citations are necessary

construct a justification for the purchase or outsourcing of the technology you would recommend as the solution to the video communication problem

Prior to beginning work on this assignment,

In this assignment, you will construct a justification for the purchase or outsourcing of the technology you would recommend as the solution to the video communication problem described in your Week 3 What It Takes to Be a Champion of Change Video Presentation discussion. Conduct an internet search using the key-word phrase “video conferencing solutions” to identify a solution that might fit the company’s needs.

NOTE: The chosen technology is only a framework and isn’t as important as your justifications using the intangibles you identified in your Week 2 What are Intangibles Worth? discussion, Current Intangible Business Costs assignment, and from reviewing the An Intangible Example document recommended resource.

Using the elements you identified in the DaregeanGrix scenario in Week 2 for justification,

Remember that your goal is to be able to justify a possible investment using intangible benefits in a new technology in which there is little in the way of traditional return on investment (ROI) to lean on.

The Value of Intangible Benefits assignment

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

Prepare a 750- to 1,000-word written Executive Summary Report, using the information contained in the company’s balance sheet and income statement

Project Paper Assignment Instructions

This written project and your project presentation are due as detailed in the “COURSE SCHEDULE”.

This Project Paper is an individual assignment.

The company you select for this Project Paper is up to you; however, it must be a publicly traded company whose financials are available on the internet.   You will be preparing an Executive Summary regarding the company you chose.  This assignment requires a written paper and a presentation, which is due as detailed in the “Course Schedule”.

For this Project Paper, please use the following resources:
(1) Internet or other resources including the library; (2) The Annual Report for your company which can be located on the internet.  (For a sample of what financials look like, see Appendix C in the back of the textbook, starting on page C-1. Nike, Inc. financials are shown there).

The requirements for this assignment are listed below: 

Acquire a copy of your company’s most recent Annual Report, and other information about the company’s history, etc., for this assignment by using the Internet or other resources.  You will need the Balance Sheet, Income Statement, and Statement of Cash Flows.

Prepare a 750- to 1,000-word written Executive Summary Report, using the information contained in the company’s balance sheet and income statement, the Internet or other resources, answering the following questions.  (Note: The annual reporting period and fiscal year mean year-end numbers).

Please make sure your written paper includes answers to the following questions:

1.  Company history: When was the company founded? By whom? List other historical facts.

2.  Who is the audit firm for the company?

3.  What stock exchange is the company listed on? What is their ticker symbol?

4.  How much cash and cash equivalents did the company have at the end of its 2 most recent annual reporting periods?

5.  What were the company’s total current assets at the end of its 2 most recent annual reporting periods?

6.  What were the two largest current assets at the end of its 2 most recent annual reporting periods?

7.  What were the company’s total assets at the end of its 2 most recent annual reporting periods?

8.  What amount of accounts payable did the company have at the end of its 2 most recent annual reporting periods?

9.  What were the company’s total current liabilities at the end of its 2 most recent annual reporting periods?

10. What were the company’s total liabilities and shareholders’ equity at the end of its 2 most recent annual reporting periods?

11. What were the company’s revenues (or net revenues) for the last 2 annual reporting periods?

12. Besides reporting numbers you need to provide some analysis such as increase decrease, percentage change, or any ratios you might find useful to explain changes in the financials of the company you chose.

What motivates individuals to demonstrate risky behaviors in social media?

Posting personal information

Sending  personal information to strangers

Interacting  with online strangers

Accepting  strangers’ requests to be friends or to communicate directly outside of a  social network

Talking  about highly personal topics with strangers

Ignoring  privacy settings

Online  harassment

Clicking  on links or installing apps or software from unknown sources

What motivates individuals to demonstrate risky behaviors in social media?

What role does peer pressure play in partaking in risky behaviors?

In your opinion, do the risks of social media on human interaction outweigh the benefits? Explain your response.
Do risky social media behaviors indicate risky behaviors offline? Explain your response.

Is one developmental stage or age group more at risk than others are, or are the risks simply different based on demographic and usage?

Within a given business unit — when it is a part of a larger corporation — what organizational structures and coordination mechanisms are most appropriate?

Chapter Twelve “Organizing and Planning for Effective Implementation”

Strategic fit is the issue of organizational fit; the fit between a business’s competitive and marketing strategies which would involve the organizational structures, policies, processes, and plans.

Within a given business unit — when it is a part of a larger corporation — what organizational structures and coordination mechanisms are most appropriate? To answer this question, managers must look at following three factors: (1) level of technical competence of the various functional departments within the business, (2) how resources are allocated across those functions, and (3) how to coordinate and resolve conflicts among the departments.

Question #2

Now that you have accepted the job described in question 1, you have been given a $50 million operating budget for the first year. Your first task is to staff the new unit and to allocate your bud- get across its various functional departments. Although you obviously want to hire good people for every position, which departments require the most competent and experienced personnel, and which departments should receive relatively large shares of the available budget? Why?

Discuss Simone De Beauvoir’s assertion that “one is not born but rather becomes woman.” How did this change feminism? How does this resonate with the ethics of race?

Mechanical Requirements: 300 words, at least one quote by the author selected. Use the article in our book or the articles uploaded to blackboard to answer these questions. Do not use outside research. Choose one question from these: 1) Discuss Simone De Beauvoir’s assertion that “one is not born but rather becomes woman.” How did this change feminism? How does this resonate with the ethics of race? 2) Explain Karen Warren’s “Eco-Feminism Revisited” and explain her version of Eco-Feminism. What are Oppressive Conceptual Frameworks and how have both women and the natural world been undermined because of them? What does Warren’s depiction of her experience climbing up a mountain intend to show? (article on blackboard) 3) Explain the Eight Principles of Deep Ecology. Do you agree with them? Are there any principles that could be problematic? In your answer explain the concept of “self in Self” (article on blackboard)
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Using examples, elaborate how Africa’s youth can be empowered to participate in regional and international trade

Political Economy of Africa (PEA) Term Paper/ Essay

1. Using examples, elaborate how Africa’s youth can be empowered to participate in regional and international trade ( At least give examples from 10 Africa countries).

Double Spaced, font size 12, use of footnotes (chicago), 10 page (reference not included).

identify at least four ways in which tradition and culture both support and obstruct women’s participation in public life, the arts (e.g., in music) and economic development in Africa.

Volume 13 (2008)- https://www.ethnomusicologyreview.ucla.edu/journal/volume/13/piece/498

Stein Hunt, Danica L. “The Changing Role of Women in African Music “Ufahamu: A Journal of African Studies, 21(1-2) https://escholarship.org/content/qt8x93v5nx/qt8x93v5nx.pdf?t=mnipkv

Remi Akujobi “Motherhood in African Literature and Culture” CLCWeb: Comparative Literature and Culture ISSN 1481-4374  https://docs.lib.purdue.edu/cgi/viewcontent.cgi?article=1706&context=clcweb

Ukadike, N. Frank “Reclaiming Images of Women in Films from Africa and the Black Diaspora” https://www.jstor.org/stable/pdf/3346615.pdf  (pages 1-

Watch the films “Faat Kine” and “The Troublemaker (1),” “My Nigerian Wife meets my London Wife” (1)

QUESTION: identify at least four ways in which tradition and culture both support and obstruct women’s participation in public life, the arts (e.g., in music) and economic development in Africa.

5- double spaced pages