Ch. 3 and Ch. 4 of Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues
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Solar Co. Inc., a brilliant panel manufacturing and installation crew, has recently encountered a order of scandals and bad notoriety regarding to imperfect brilliant panels, weak handicraft, and employee allegations of harassment by executives amid the crew. One privilege resulted in a two-year tribulation which Brilliant Co. obsolete; all other privileges were fixed out of pursue.
Solar Co. enters into a compress after a while XYZ Instrument to plan a 6-month national advertising and open kinsmen engagement to aid pay-back its guilty kind at a require of $600,000. XYZ Instrument launches the engagement, and it is auspicious for the foremost two months until XYZ's computer servers are hacked and all client counsel is obsolete consequently XYZ failed to accept distant backup systems in settle. In restoration, collective instrument representation counsel and passwords were implicated, resulting in indecent and impertinent posts substance made on all of XYZ's collective instrument representations for distinct hours. Consequently XYZ was managing Brilliant Co.'s collective instrument intercourse at the spell, Brilliant Co.'s collective instrument representations were too enthralled balance by the hackers for a insignificant spell and assiduous after a while pernicious posts.
XYZ consequences a open apology; at-last, Brilliant Co. wishes to put-an-end-to the compress after a while XYZ and entertain a pay-back of the $200,000 it paid for the foremost two months of the engagement due to the expiation caused by the computer hack. XYZ refuses to discharge the compress or consequence a pay-back, insisting that it can auspiciously abide the engagement and re-create all of the representative that was obsolete. Brilliant Co. refuses to pay any prefer amounts due inferior the compress and has already begun seeking a new instrument kinsmen immovable to re-launch the engagement.
Write a 525- to 700-word instruction to Brilliant Co.'s CEO advising whether Brilliant Co. should:
file a lawsuit and produce to tribulation
try to gain a location after a while XYZ Media, or
use a rule of choice quarrel disintegration (ADR)
Your decomposition should specifically examine each of the nine factors supposing in the "Contemporary Environment Cost-Benefit Decomposition of a Lawsuit" element ground in Ch. 4, "Judicial, Alternative, and E-Dispute Resolution." Provide a free explication and reasoning for your instruction domiciled on the postulates of the scenario.
Would your instruction be opposed if you were advising XYZ Media's CEO? If so, how?
Solar Co. intends to use pacification agreements after a while all clients, subcontractors and employees in the advenient.
Write a 350- to 525-word memo to Brilliant Co.'s CEO explaining the pacification progress and the enforceability of pacification conditions inferior the Federal Pacification Act.
Include a instruction as to whether pacification agreements should be used in the advenient to convert Brilliant Co.'s legitimate surrender and why.