Spring 2022 Artifact

Imelda Salinas

Bachelor of Applied Technology, South Texas College

TMGT: Management and Law

Griselda Solis

November 11, 2022

The word "dispute resolution" covers many procedures that can be applied to settle a

disagreement, dispute, or claim. Alternative dispute resolution and appropriate dispute resolution

are other names for dispute resolution. There are many forms of adjudication and judgment on a

disputed matter, but we will compare arbitration and mediation.

According to Lieberman et al. (2012), arbitration allows parties to choose an arbitrator

with specialized knowledge, and the process is less complicated than traditional litigation. Parties

may select arbitration before or after a dispute, allowing them to bypass court proceedings if they

wish. Furthermore, parties can establish procedural rules and select an arbitrator of their choice,

potentially enhancing the quality of decision-making. Arbitration also boasts quicker resolution

and cost-effectiveness than litigation (Lieberman et al., 2012).

In contrast to arbitration, mediation does not give the neutral party the authority to impose

the result of the ruling. The mediator acts as an intermediary and assists the parties in reaching an

agreement. They also convey the parties' perspectives to one another, help find common ground,

and provide recommendations for a resolution (Lieberman et al., 2012).

Arbitration agreements are used to keep disputes confidential and keep costs down by

using arbitration; always make sure to read and negotiate anything you're uncomfortable with

before signing. Sometimes, you must sign a huge contract before getting employed; not many of

us take the time to read the entire contract. Usually, someone from the human resources

department makes us sign and gives a small summary of each page within the contract before we

sign. If you were ever to breach the contract, then wherever / whatever association they have

mentioned will settle the issue. One of my old jobs made me sign so that I could not open another
franchise of their business after a certain period after I quit. They did not go into details, but the

business owner is now the only one who can open more of the chain in the RGV.

Mrs. Robinson signed an arbitration agreement with Seaway. The original agreement

states that complaints will not be litigated but may be arbitrated. After signing an arbitration

agreement, both parties agree not to pursue legal action. You cannot sue or be sued if the original

contract states so. In conclusion, I do not believe Mrs. Robinson cannot file a lawsuit against

Seaway for those reasons. However, she could discuss her options and scenarios with a lawyer.

Contracts

"The basic elements required for the agreement to be a legally enforceable contract are:

mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and

legality." (Legal Information Institue, n.d., para. 1) The initial action leading to a contract is one

party's offer. That officer could be a service, a sell, trade, or another business activity. Any offer

can be legitimate if it is sincere. The original offers must now be accepted by the person who is

receiving them. One can also accept by counter offering, which just adds new conditions or

clauses. Consideration can be considered as cash, a promise to carry out an action, or an

exchange of equal worth. There must be a contractual obligation for consideration, one willing to

pay the other performing. They understand their responsibilities and perform. An example

involving all steps could be considered an art trade, both artists offering original paintings,

accepting the themes of the commissions, submitting rough drafts to ensure satisfaction, and

completing the artwork trading at the end.

The main difference between express and implied contracts is that one is written or

spoken, while actions do the other. Express contracts are where the term of said contract is

spoken verbally or written and agreed upon. Implied contracts aren't written. They are basically
the expression "actions speak louder than words," but they still hold the same legal force as the

other contract. An example of an express contract is agreeing with your neighbor to buy their old

computer set up for $500 with a deadline of a week. An example of an implied contract is going

to a coffee shop that may not have prices posted, ordering something, and still paying. The

customer is making a contract regardless of the implied price.

Both unilateral and bilateral contracts are enforceable in court. Bilateral contracts are

usually the ones that come to mind when thinking of contracts; both parties come to an agreement

and are obligated to fulfill their parts of the contract. They are the most common of contracts, an

example being buying a car and agreeing to pay the seller a certain amount of money in exchange

for the title. Meanwhile, unilateral contracts involve one party making a promise to a group of

people, rewarding them based on performance. An example of this type of contact is a cosplay

contest; a lot of individuals put in a lot of hours perfecting their outfits in hopes of winning a cash

prize.

An executed contract is one where all parties have fulfilled the obligation they originally

promised. Executory contracts are where some promises remain to be made by one or more of the

parties. A contract that has been fulfilled by both parties, like promising to buy someone food for

a ride to work, the food being provided along with the ride, is an executed contract. Now, if you

were to give someone a ride and wait for the food someone promised, it would be considered an

executory contract.

Warranties

Sellers establish express warranties by assuring buyers that products will perform as

expected, even without using formal terms like "warrant" or "guarantee." These warranties can be

established through affirmations of fact or promises about the goods, descriptions of the goods, or
providing samples or models (Lieberman et al., 2012). We see or hear many commercials for

products that contain express warranties. Often, you go into stores where a lot of the products on

the shelves are labeled to perform in specific ways. As of recently, one of the characteristics of

products that consumers enjoy is waterproof to a certain amount of water, as technology is

advancing and taking over. Not only technology but some clothing also claims to be water-

resistant. Just last, I saw the Ugg boots being sold as waterproof, but customers need help

understanding the difference between waterproof and water resistant. Many people returned their

boots after their boots emerged in water.

As for warranty of merchantability, there are some characteristics that the goods must

conform to. Be able to pass under the contract description. The goods must be fit for ordinary

purposes and continue running with excellent quality. Are packaged and labeled as the agreement

may require. Must be able to do what was promised. (Lieberman et al., 2012) The selling of food

falls into this category; the food must be fit for ordinary purposes. For example, selling boneless

chicken bites ensures no one finds a piece of bone or cartilage in their food. The food was labeled

boneless chicken bites, so if they found bones, it would not fit into the warranty of

merchantability.

The fitness warranty differs from the other two warranties explained above; it is when you

are asking for a product for a specific function. This warranty can be breached if the seller

ignores what you're looking for and recommends something else. I used to work at Home Depot,

and a lot of products sold there have their intended purposes. As a sales associate, customers

come to you for expertise and advice. An example would be working in the paint department;

someone who wants to paint can use it outside with an oil base. You wouldn't recommend
something that wouldn't last or has a water base because that would be a breach of warranty.

Also, getting a refund for paint at the home department store isn't easy.

Employment Law

Harassment is any unwelcome behavior based on race, color, religion, sex, age, disability,

or genetic information. 'Harassment is a form of employment discrimination that violates Title

VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967,

(ADEA), and the Americans with Disabilities Act of 1990, (ADA)' (U.S. Equal Employment

Opportunity Commission, n.d., para. 1). Harassment is considered a misdemeanor, leading to jail

time or a fine to pay. As someone who has had several types of jobs in retail, I want to create a

different environment for future employees.

"It is unlawful to harass a person (an applicant or employee) because of that person's sex.

Harassment can include "sexual harassment" or unwelcome sexual advances, requests for sexual

favors, and other verbal or physical harassment of a sexual nature." (U.S. Equal Employment

Opportunity Commission, n.d., para. 1) Sexual harassment falls under the same law as the one

mentioned above. However, sexual harassment differs from regular harassment by unwelcomed

sexual advances or verbal or physical conduct of a sexual nature. This creates a highly

uncomfortable working environment that I would not want my employees to experience ever in

their lifetime. I may not be able to control their future jobs, but as for my company, I will ensure

that my employees don't go through that. In middle school, I experienced sexual harassment by

the same individual on multiple occasions; I don't wish anyone to feel those emotions.

My company's policy: We strive to create and maintain a safe environment for employees

and consumers, where everyone is treated with respect and decency. The work environment

strives for trust and mutual respect. The company will not have any oppression, exploitation, or
intimidation. Sexual harassment is a form of unlawful employment discrimination; this company

discourages romantic or sexual relationships between employees. Relationships cause conflicts of

interest, favoritism, and unbalance of power. All employees are covered and expected to comply

with this policy. There will be no retaliation for those who come forward with complaints of

discrimination or harassment, including witnesses. We will not tolerate unlawful discriminating

behavior; anyone who violates this policy is subject to termination. Examples: verbal harassment,

nonverbal harassment (belittling, disrespect, insults), verbal sexual harassment (jokes, lewd

remarks, sexual propositions), nonverbal sexual harassment (letters, texts, emails), physical

sexual harassment (hugging, patting, cornering).

By putting both harassment and sexual harassment policies in my employee handbook, I

set my expectations for my employees so they are aware of the severity of their actions that will

lead to termination. You can't avoid liabilities, but you can minimize them by explaining your

policies and defining the harassment along with all types of examples. By sharing with your

employees, you're making them aware of what is considered harassment and that it's

unacceptable, so no one can play dumb later. After defining harassment, you notify employees

how to report harassment and the importance of doing it as soon as possible so that the incidents

don't continue. Explain the disciplinary actions for violating the policy to the employees.
 References

Harassment. US EEOC. (n.d.). Retrieved November 27, 2022,

https://www.eeoc.gov/harassment#:~:text=Harassment%20is%20a%20form%20of,of%20

1990%2C%20(ADA).

Legal Information Institute. (n.d.). Contract. Legal Information Institute. Retrieved November

27, 2022,

https://www.law.cornell.edu/wex/contract#:~:text=The%20basic%20elements%20require

d%20for,satisfied%20by%20a%20valid%20substitute.

Lieberman, J., Mayer, D., Siedel, G., Warner, D. (2012). The Legal Environment and Business

Law. Flat World Knowledge (1), (e.g., pp. 130, 131, 769, 771)

https://2012books.lardbucket.org/pdfs/the-legal-environment-and-business-law-v1.0.pdf

Sexual harassment. US EEOC. (n.d.). Retrieved November 27, 2022,

https://www.eeoc.gov/sexual-

harassment#:~:text=It%20is%20unlawful%20to%20harass,harassment%20of%20a%20se

xual%20nature.