Written Assignment #3: Kyle took your advice and decided not to spend the money to fight for his claim to â€œKFC.comâ€ as the domain name for his new product line, Kyleâ€™s Flavorful Condiments. Kyle, however, does want to continue the move of his business, Alabama Sunshine, to the next level of operations. His produce marketing efforts in Nauvoo and surrounding areas in Alabama and into Mississippi and Tennessee have proven to be very successful. He now wants to expand to other choice locations in areas that he likes to visit, namely the beach and resort areas along the Gulf Coast around the Orange Beach area of Alabama. Kyle has found a possible location to construct a new store in Fair Hope, AL. The property is owned by Siri. Since Kyleâ€™s business is successful and people throughout Alabama and abutting States know of Kyle and of Alabama Sunshine, Kyle hires Alexa to contact Siri, negotiate a price, and, if possible, buy Siriâ€™s property for him. Concerned that, if Siri knows that he (Kyle) wants the location, the price will increase, Kyle instructs Alexa to not tell Siri that she is working for Kyle. During negotiations with Siri, Alexa realizes that Siriâ€™s property is a good deal, an exceptionally good deal, and buys the property for herself, not Kyle as agreed. Kyle is angry, very angry, and wants to know what he can do.
Respecting your knowledge of business law, Kyle comes to you. What are the issues that you will need to address and what is the controlling law for each issue? During the conversation, Kyle mentions that Alabama Sunshine is operated as an informal partnership between himself and his older brother, Jimmy, who has pretty much retired from management of the business. He asks you about the advantages and disadvantages of a partnership and the other small business organizations and whether he should change the business to some other business structure. If so, which one would be the most advantageous? In passing he notes that the temporary worker, Eduard, he refused to hire back during the peak season (remember WA1) has now filed an employment discrimination (age and national origin) charge against him personally and against Alabama Sunshine and Kyle wonders what the procedure is for such charges and what he must do.
*To help you organize your thoughts, I suggest that you read the fact set; decide which facts are relevant and which are merely verbiage; based on the information in Unit 3; decide which legal information is relevant to the facts; then state the legal issue (relevant facts), state the general rule of law that applies, apply the law to the facts and then go to the next legal issue.*