BUL 6810 Final Exam Answers
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BUL 6810 Final Exam Answers
The
final examination consists of 4 essay questions; each question is worth 25
points. Eachquestion and any subparts of the question must be answered. The
final should be 6-8 pages,double spaced and only 1 inch margins, please. The
answer may exceed the page limitations.This is not a group project. Each
student should work alone. READ THE QUESTIONSCAREFULLY BEFORE ANSWERING.In
order to do well on this test you must refer to materials in the chapters,
including cases,and you may also refer to the handouts and in-class case
studies and discussions. Make sure to use the legal and business terms that you
have learned in the course and apply them to the facts of the questions. When
you use a legal term, provide an explanation of its meaning and/or any legal
test that explains how it is applied to any factual situation. If there is a
case that supports your argument, make sure to explain the reasons.
Please
turn in your exam in dropbox.
LATE
SUBMISSIONS WILL NOT BE ACCEPTED.NO EXCEPTIONS!
1.
Using the course readings and materials, explain how legitimate accounting
methods facilitate fraud. Give examples.
2.
Explain what Arthur Leavitt meant by the “erosion” of the quality of financial
reporting.Give examples.
3. The
South Miami Engineering Company of Florida (SMEC) recently began marketing a
uniquetest that can predict what the stability of soil will be during a flood.
This test benefits propertyowners because it allows them to determine whether a
building will be structurally stable in floodconditions. No one else performs
this test in Florida. SMEC did not invent the test, but insteadpurchased the
rights to a license for the entire geographical area of south Florida from a
vendor.SMEC hired and trained Xavier, an experienced engineer, to perform this
test. SMECprovided Xavier an employment contract for Xavier to sign. The
contract contained thefollowing non-competition clause:“In the event Xavier
leaves the employ of SMEC, he agrees not to perform or providesimilar testing
services within the State of Florida for six years. Xavier read and signedthe
agreement. After one year, Xavier quit work at SMEC and opened up his
ownengineering company. His company provided engineering services, including a
test verysimilar to the one performed by SMEC. The test was not developed from
any informationgained during Xavier’s employment at SMEC. Instead, one of
SMEC’s competitorsdeveloped a different prototype of the test and licensed its
use to Zavier’s company.SMEC’s sales declined after Xavier’s company began
performing the similar test.When SMEC learned that Xavier had opened his own
engineering firm and wasperforming a similar test, it sued Xavier for breach of
the noncompetition clause.a. Is the non-competition provision between SMEC and
Xavier enforceable? Explain.(Florida courts will rarely refuse to enforce a
non-compete agreement due to its lengthor geographic scope. Instead, courts
often employ the “blue pencil” to reignimpermissibly broad terms within the
limits of Fla. Stat. § 542.335) See, final examattachment.b. Assuming the non-competition
provision is enforceable and was breached by Xavier,what types of damages might
SMEC be entitled to?
4. A
development company has decided to raise capital from private investors to
build stripshopping malls in three separate towns in south Florida. Your
consulting firm has beenretained to advise the company on the form of business
organization to be used tofacilitate the transaction. The development company
wants to keep the three investmentsseparate. It is not intended that profits be
shared between investor groups. Theinvestment transactions should be wound up
and terminated within 90 days after thecompletion of the construction.
Investors will receive the return of their investment withan additional 6%
return on investment. What form of business organization would yourecommend and
why?
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