Business Law 1 Timothy V. Keetch Case brief
Facts:
Issue:
Application:
Conclusion:
Teri and Thomas Keetch wanted to establish a therapeutic horse ranch as a business venture. Their concept for the ranch was that it would be a place where children who were victims of abuse could ride and care for horses as a means of healing. The Keetches lacked sufcient funds to start the ranch, however. In the summer of 2000, they sought to buy a stallion for breeding purposes, and they turned to MSF Properties for nancing. The Keetches eventually borrowed $102,000 from MSF and pledged the stallion—a quarterhorse named Hesa Son of a Dun—as collateral for the loan. This transaction was memorialized in a se- curity agreement. A nancing statement was led with Utah’s Division of Corporations and Commercial Code, which maintains an online database for Uniform Commercial Code lings.
A month or two later, Rebecca Mendenhall, a broker representing the Keetches, contacted Paul and Janice Timothy and sug- gested that they make a "bridge loan"(a short-term loan used as a means of interim nancing) to the Keetches for funding the therapeutic horse ranch. The Keetches and the Timothys met at a fast-food restaurant to discuss the transaction. The Keetches offered to pledge Hesa Son of a Dun as security for the loan. Following the meeting, Teri showed the horse to Paul. Teri said that she owned the horse and that it was worth between $125,000 and $175,000. Paul asked Teri if the horse was encumbered in any way—that is, if ownership of the horse was subject to any debts or obligations—and Teri responded that the horse was not encumbered.
In September of 2001, Paul met with Thomas and asked several questions about his nancial status. Thomas gave false an- swers to a number of questions, including the purposes for the loan and whether the Keetches owned the horse "free and clear." After the meeting, Paul asked the horse’s trainer if the horse was encumbered. He also inquired of the American Quarter Horse Association, which maintains ownership, lien, and breeding records for quarterhorses. Neither had any knowledge of any prior encumbrances. The Timothys did not check Uniform Commercial Code lings to see if a nancing statement had been led on the horse. Had they done so, they would have discovered that, contrary to the Keetches’ representations, the horse was already serving as collateral on the loan MSF made to the Keetches.
Oblivious to the horse’s true status, the Timothys made the bridge loan to the Keetches, secured—or so they thought—by the full value of the horse. The Keetches defaulted on their loan from MSF, and MSF seized the horse in October of 2001. The Keetches later defaulted on the bridge loan from the Timothys as well. At this point, the Timothys learned that their collateral had been lost to MSF.
The Timothys sued the Keetches for breach of contract and fraud, among other claims. A bench trial was held and the court found in favor of the Timothys. The Keetches appealed.
Orme, Judge
In general, Utah law does not require one to inspect the public record to verify the truthfulness of statements made to him or her. In Christiansen v. Commonwealth Land Title Ins. Co. (Utah 1983), an escrow company represented that a land development company held an interest in property that it actually did not have. The injured party sued because the escrow company’s represen- tations that certain properties held in escrow had unencumbered equity values available as security for the plaintiff were not true. On appeal, the Utah Supreme Court held in favor of the plain- tiff, noting that a defendant who makes misrepresentations, even negligently, can be held liable. As to reasonable reliance, the Court differentiated between available documents that are part of a transaction and documents contained in public records, and stated that "failure to examine public records does not defeat an action for a false representation because in most cases there is no duty to make such an examination."
We considered the doctrine of reasonable reliance in Conder v. A. L. Williams & Associates, Inc., and held that a plaintiff may justiably rely on positive assertions of fact without indepen- dent investigation. It is only where, under the circumstances, the facts should make it apparent to one of his knowledge and intel- ligence, or he has discovered something which should serve as a warning that he is being deceived, that a plaintiff is required to make his own investigation. Applying these principles to the facts, the Timothys were not required to check for prior UCClings on the horse. The Keetches unqualiedly represented that they owned the horse free of prior encumbrances. Nothing in the transaction, in the Keetches’ representations, in Paul’s visit to the ranch, or in the inquiries the Timothys made suggested anything that would "serve as a warning" that they were being deceived.
Afrmed in favor of the Timothys.

In economics, a shortage occurs when the demand for a product or service exceeds its supply in the market.

In other words, a shortage occurs when there is not enough of a particular good or service available to meet the quantity demanded at a given price.

A shortage can occur for various reasons, such as natural disasters, production disruptions, or sudden changes in consumer demand. When a shortage occurs, the price of the product or service may rise as buyers compete for the limited supply. The higher price may then act as an incentive for suppliers to produce more of the product, which can eventually help to resolve the shortage.

Shortages can have significant impacts on both consumers and producers. For consumers, shortages may lead to higher prices, reduced access to goods and services, and lower levels of satisfaction. For producers, shortages may create increased demand for their products, but they may also face higher costs of production, supply chain disruptions, and other challenges.

Overall, shortages are a natural consequence of market forces and can provide valuable information about the relative scarcity of certain goods and services, as well as the dynamics of supply and demand in the economy.

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The characteristic which is most important for the Urban Commuter segment is Comfort. Option (B) is correct.

The urban commute, or the everyday use of autos and other means of transportation by city dwellers, has grown to be one of the most energy- and pollution-intensive activities, making it difficult to stop and reverse the trends in emissions and energy use.

Market segmentation aims to assist organizations in comprehending the many customer segments that make up their market. Marketers may successfully target the segments that are most useful to their organization by combining people with similar traits and features.

Therefore, Option (B) is correct.

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Answer:

Stepping and Gumboot dancing are both percussive dance styles that originated from African American and South African cultures, respectively. While they may have some similarities in terms of the use of body percussion and rhythmic footwork, there are also some notable differences between the two styles.

Here are two ways in which Stepping and Gumboot dancing are different:

Origins: Stepping originated from African American fraternities and sororities in the early 1900s, where it was used as a way to showcase group unity and pride. Gumboot dancing, on the other hand, originated from South African gold mines in the late 1800s, where it was performed by migrant workers who were not allowed to speak to each other and used body percussion and dance as a way to communicate.

Costumes: Stepping is often performed in matching uniforms or outfits that reflect the group's colors and identity. These outfits may include blazers, ties, and other accessories. In contrast, Gumboot dancing is performed in work boots and overalls, which is a nod to the dance style's origins in the mining industry. The dancers also wear brightly colored hats and vests, which add to the visual appeal of the dance.

These differences highlight the unique cultural roots and expressions of Stepping and Gumboot dancing. Despite their differences, both dance styles share a common goal of using rhythm, body percussion, and movement to create an engaging and powerful performance.

When stakeholders display, certain stakeholders stand out to management. This statement is false.

Different stakeholders have different levels of influence and importance to a company, and managers often prioritize their relationships and communication with those stakeholders who have the most significant impact on their organization.

For example, investors and shareholders are critical stakeholders for most businesses, as they provide the capital needed for investment and growth. As a result, managers often pay close attention to the concerns and expectations of investors and work to maintain their confidence through regular reporting and transparent communication.

Similarly, customers are another important stakeholder group, as they drive revenue and market share for the company. Managers may focus on improving customer satisfaction and loyalty by providing high-quality products and services, engaging in market research to better understand customer needs and preferences, and responding quickly and effectively to customer feedback and concerns.

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Market segmentation is a technique used in marketing that involves breaking up a large consumer or corporate market into smaller groups of consumers based on shared traits.

Often, this procedure involves existing and future clients. Researchers frequently look for related traits when they divide or segment markets, such as similar requirements, interests, lifestyles, or even demographic profiles. The overall goal of segmentation is to find high yield segments—those that are most likely to be lucrative or to have room for expansion—so that these can be chosen for special attention. There are numerous approaches for segmenting a market. While business-to-consumer sellers may divide the market into demographic groups based on factors like lifestyle, business-to-business vendors may divide the market into various sorts of businesses or nations.

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Expenses directly tied to the level of business activity are known as variable expenses.

These are costs that vary in proportion to changes in business activity or sales, such as the cost of goods sold, labor, and production supplies. Variable expenses tend to increase as sales increase and decrease as sales decrease.

In contrast, fixed expenses are costs that do not vary with changes in business activity or sales, such as rent, insurance, and salaries. These expenses remain the same regardless of whether the business is experiencing high or low sales.

Understanding the difference between variable and fixed expenses is important for business owners in managing their finances and making decisions about pricing, sales volume, and profitability. By keeping variable expenses under control and maximizing sales, businesses can increase their profits and improve their financial performance.

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Answer:

Realized income items that taxpayers permanently omit from income are referred to as exclusions, while items that are taxed in a subsequent year are called deferrals.

Seats in a fitness class, aeroplane seats, and hotel rooms are all examples of b. perishing inventory.

Products with short shelf life or that are fragile are referred to as perishable inventory. Inventory management is crucial for companies that deal with such products because of the limited shelf lives of these goods and the need to sell them fast before they decay or become useless. Time-based inventory, which refers to inventory that is perishable because of the passage of time, includes things like seats in a fitness class, airline seats, and hotel rooms.

The inventory item, the seat or room in the case of a fitness class or hotel room is only valued for a finite amount of time and cannot be held or saved for later use. Similarly to this, an airline seat is only valuable for that particular flight and cannot be sold after takeoff. Although perishing inventory and time-based inventory have certain similarities, it is vital to make the distinction since each type of inventory can be managed using different management strategies.

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According to the Institute for College Access and Success (TICAS), the average student debt for graduates of public and non-profit four-year colleges and universities in the United States in 2019 was $29,200.

Public universities are state-funded institutions of higher education, while non-profit universities are private, not-for-profit institutions. Public universities typically offer lower tuition rates than non-profit universities, and often have more generous financial aid packages.

Non-profit universities tend to be more selective in their admissions process and may have higher graduation and retention rates. Non-profit universities typically have more resources than public universities, but may not be as accessible to low-income students.

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Investors hold a diversified portfolio of stocks rather than an undiversified portfolio for several reasons, including- Risk Reduction, Higher Returns, Opportunity for Growth, and Avoidance of Concentration Risk.

Here are the reasons in brief-

Overall, a diversified portfolio offers investors a way to achieve a balance between risk and reward. While there is no guarantee of success, holding a diversified portfolio can help investors to weather market volatility and achieve long-term financial goals.

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d. long-term assets. Making and controlling investments in long-term assets is the focus of capital budgeting.

A approach for calculating the financial feasibility of a capital investment over its lifetime is capital budgeting. Capital budgeting, in contrast to several other methods of investment analysis, places more emphasis on cash flows than profits.

Capital budgeting is the process of controlling expenses for long-term investments. Capital structure decisions are those made about short-term liabilities, long-term liabilities, and shareholders' equity.

The basic objective of capital budgeting is to locate projects that will generate cash flows for a company that are greater than the project cost.

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a. There are four sample points for this experiment: E1, E2, E3, E4.

b. Here is a tree diagram:

Oil Industry

/ \

/ \

/ \

Successful |Unsuccessful

/ \

/ \

/ \

Municipal Bond Municipal Bond

/ \ / \

/ \ / \

/ \ / \

Successful | Unsuccessful | Successful Unsuccessful

c. There are two sample points for event O (successful oil investment): E1 and E2. There are also two sample points for event M (successful municipal bond investment): E1 and E3.

d. The sample points in the union of events (O U M) are: E1, E2, E3.

e. The sample points in the intersection of events (O ∩ M) are: E1.

f. No, events O and M are not mutually exclusive, as they have a common sample point (E1).

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Gross Domestic Product is a financial measure of the value of all final goods and services produced and vended during a given period. It's option A.

GDP measures the financial value of end products and services- bought by the final consumer- produced in a country over a given period of time(e.g. a quarter or a time). It counts the total product that's produced within the public borders.

Gross domestic product is a measure of a country's profitable output. Countries with advanced GDP will produce further goods and services and generally have advanced norms of living.

For this reason, numerous citizens and politicians consider GDP growth to be an important measure of public success, with GDP growth and profitable growth frequently being used interchangeably. still, due to colorful limitations, numerous economists have argued that GDP shouldn't be used as an index of aggregate profitable success, much lower social success.

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Around $517 billion, or roughly 14% of all retail sales, were made online in 2018.

It is anticipated that by 2023, global e-commerce will expand by 10.4%, reaching $6.3 trillion in worldwide sales. This represents a 0.7 percentage point improvement above the growth rate for 2022, which came after a sharp decline for 2021.

Consumer power was substantially lessened ten years ago. Reviews and ratings on the internet today have the capacity to make or break brands and products, firmly placing the power in the hands of users and buyers. The online world is being used by consumers to research purchases they will make in the actual world.

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In 2018, online retail sales reached over $517_________, or approximately __________ percent of all retail sales.

Considering that the short-term and long-term demands for blueberries are the same, you would expect a binding price ceiling to result in a shortage that is larger in the long run than in the short run.

As indicated in the problem, the supply is fixed in the short term and is nearly vertical. Let's just draw it vertically for simplicity. It exhibits the customary upward slope since it is price sensitive over the long term. In both the short and long-terms, demand is the same.

The quantity requested would always be more than the quantity provided at the price ceiling, as depicted in the plot. The "shortage" will be determined by the disparity between supply and demand at the price ceiling. As producers are unable to change their output, there will initially be a shortage at the offered price.

Yet over time, as they become more flexible, producers will be more inclined to produce even less at the price ceiling. In that case, the overall quantity of produce would be considerably lower. Hence, there would eventually be a greater shortage.

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When a borrower puts up collateral for a loan, it means they are pledging a valuable asset as security for the loan. If the borrower defaults on the loan, the lender can seize the collateral to recover the amount owed.

The lender may require the borrower to put up collateral for the loan in order to mitigate the risk of default. By having collateral, the lender has a way to recover some or all of the amount owed in the event of a default.

Common types of collateral include real estate, vehicles, stocks and bonds, and valuable personal property such as jewelry or artwork. The lender will typically assess the value of the collateral and may require the borrower to provide documentation or proof of ownership.

Putting up collateral can sometimes result in more favorable loan terms for the borrower, such as a lower interest rate or a higher borrowing limit. However, it is important for the borrower to understand the risks involved and to be sure they can afford to repay the loan in full to avoid losing the collateral.

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False. The three general objectives of advertising are typically To inform, To persuade, To remind.

To inform: This objective aims to educate the target audience about a product, service, or brand, and its features and benefits. The goal is to increase awareness and knowledge about the product or service, and to help potential customers understand why it may be valuable to them.

To persuade: This objective aims to convince the target audience to take a specific action, such as purchasing the product or service, signing up for a newsletter, or attending an event. The goal is to create desire and motivate people to take action.

To remind: This objective aims to reinforce the brand or product in the minds of the target audience, and to keep it top-of-mind. The goal is to encourage repeat purchases or to maintain loyalty to the brand.

Selecting, targeting, and promoting are important considerations in advertising, but they are not the primary objectives. Selecting refers to choosing the right advertising channels and media to reach the target audience.

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Dividend payout ratio is defined as dividends paid expressed as a percentage of net income.

What is Dividend payout ratio?

The ratio between the total amount of dividends given to shareholders and the company's net revenue is known as the dividend payout ratio. It is the portion of profits that are distributed as dividends to shareholders. The firm keeps the money that is not distributed to shareholders to pay down debt or to reinvest in its core businesses. Sometimes, it's just referred to as the payout percentage.

The annual dividend per share divided by the earnings per share (EPS), or alternatively, the dividends divided by net income, can be used to determine the dividend payout ratio. Interpreting the dividend payout ratio depends on a number of factors, chief among them being the maturity of the business.

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The correct option is C, The use of columns and arches in the Great Mosque allows for Open space for large groups to worship.

Arches are a structural element that is commonly used in architecture and engineering. They are characterized by their curved shape, which allows them to span a large distance without the need for support columns or walls. Arches have been used in construction for thousands of years, with examples dating back to ancient civilizations such as the Romans and the Greeks.

Arches are made up of a series of individual blocks or stones that are carefully placed to form a smooth curve. They are designed to distribute weight and stress evenly across the span of the arch, which makes them an efficient and durable structural element. Arches can be found in a wide variety of structures, from bridges and tunnels to cathedrals and palaces.

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Complete Question: -

The use of columns and arches in the Great Mosque allows for what kind of space?

a. Intimate space to worship in small groups

b. Space to house sacred relics for rituals

c. Open space for large groups to worship

d. Intimate space to socialize politically

The steps can be found below

Step 1: Defining the Problem

The problem we are facing is identifying the potential customers for our new e-commerce company, which sells accessories for personal MP3 players. We need to determine the size of the market, identify the target audience, and understand the competition to establish a unique value proposition for our business.

Step 2: Conducting Research

We will conduct primary research by surveying potential customers and analyzing their preferences for MP3 player accessories, including what types of products they are looking for, how much they are willing to pay, and which brands they trust. We will also conduct secondary research by analyzing data from online marketplaces, such as Amazon and eBay, and researching our competitors' products, prices, and marketing strategies.

Step 3: Analyzing Data

Based on the data we collect, we will create a customer profile that includes demographics, psychographics, and behaviors. This will help us better understand our target audience and their preferences. We will also analyze the data to identify trends and opportunities in the market and to identify any gaps in our competitors' offerings.

Step 4: Developing a Plan

Based on the insights we gain from our research, we will develop a marketing plan that focuses on targeting our identified customer segments, creating a unique value proposition, and establishing a strong online presence. This plan will include strategies for pricing, product promotion, and distribution. We will also identify key performance indicators and establish a system for tracking and evaluating the success of our marketing efforts.

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We can mitigate agency problems by not coinciding with the interests of their agents, agency difficulties occur, leading to conflict of interest and perhaps destructive action.

There are numerous methods to reduce agency issues:

Principals can improve the mutually beneficial relationship between them and their agents and reduce agency issues by putting these techniques into practice.

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While the IRS started accepting 2022 rates of return on Jan 23, 2023, this same IRS cannot result in difficulty a refund that includes the tax credit for earned income until late February.

When filing electronically, nine out of ten taxpayers receive one‘s tax rebates within 21 days. Expect significant waits if you submit your tax return on paper because the IRS takes longer to process your paperwork.

Most refunds are issued in much less than 21 days, with EITC reimbursements for many people becoming available on February 28. If they choose direct credit despite having no problems with their tax return, the IRS anticipates that the majority of taxpayers will receive their reimbursement within 21 days of filing electronically.

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Returning items purchased online occurs in the post-purchase evaluation phase of the buyer decision process.

This is the phase of the buyer decision process where the buyer evaluates their purchase after they have received and used the product. If the buyer is not satisfied with the product, they may return it for a refund or exchange. This phase is important for the seller to manage effectively, as a negative experience during the post-purchase evaluation phase can lead to lost sales and damage to the seller's reputation. Therefore, it is important for sellers to have a clear and easy-to-understand return policy and to provide excellent customer service to ensure customer satisfaction.

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In this scenario, Espinoza is a minor who purchased a diamond bracelet. Generally, minors are considered to lack the legal capacity to enter into a binding contract. Here option B is the correct answer.

They have the right to disaffirm or void a contract they entered into. The exception to this rule is when the contract is for necessities like food, clothing, or shelter.

In this case, Espinoza is within her right to disaffirm or void the contract since she is a minor. As a result, she can return the bracelet and get all of her money back. The seller cannot keep any part of the payment or impose a restocking fee.

This is because minors are not held to the same legal standard as adults when it comes to entering into contracts, and the law recognizes the need to protect them from unscrupulous dealings that may exploit their lack of maturity or experience.

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The percentage has the price increased going from crude oil before refining to final sale to the motorist will be approximately 95.95%.

To calculate the percentage increase in price from crude oil to final sale to the motorist, we need to compare the difference in price between the two stages as a percentage of the original price.

First, let's convert the price of crude oil from $62/barrel to a price per gallon.

One barrel is equal to 42 US gallons, so the price per gallon of crude oil is:

$62/42 gal = $1.48/gal

Next, let's calculate the difference in price between crude oil and the final sale price to the motorist.

Final sale price per gallon: $2.90/gal

Price per gallon of crude oil: $1.48/gal

Difference: $2.90/gal - $1.48/gal = $1.42/gal

To express the percentage increase in price, we can use the formula:

Percentage increase = (difference/original price) x 100

In this case, the original price is $1.48/gal.

Percentage increase = ($1.42/$1.48) x 100 = 95.95%

So the price has increased by approximately 95.95% from crude oil before refining to final sale to the motorist on a per unit basis.

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The statement is True. Because competitors in oligopolistic industries are so interdependent, it is especially important for managers in those firms to monitor and respond to changes their competitors make

Since rivals in oligopolistic industries are so associated, supervisors in those organizations must screen and answer changes their rivals make - Valid

A couple of prevailing firms control the market in an oligopolistic area, and their choices can immensely affect each other. Attributable to this reliance, directors in these organizations should watch out for changes made by their opponents, like cost alterations, new send-offs, showcasing plans, or cost decreases, and respond as needs be. By doing this, organizations might anticipate what the exercises of their opponents might mean for the presentation of their own venture and change their strategies as important to remain cutthroat.

This could envelop a large number of undertakings, including statistical surveying, serious investigation, procedure improvement, and continuous observation of market patterns and headways. Choices made by a solitary firm can essentially affect those made by others because of this elevated degree of interconnectedness. Supervisors should hence intently watch their adversaries to keep up with their cutthroat situation on the lookout and act rapidly in case of any changes.

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Answer: The demand for Turnips will go down as with an increased tax, More people will decide not to get them as well as prices. The buisness that grows them may charge more as they have to pay taxes on them too.

Explanation:

Analyzing the likelihood or frequency of an event in relation to the total magnitude of the loss is done using a risk mapping tool.

The required details for risk mapping in given paragraph

Risk mapping is a method for displaying the risks connected to a company, project, or other system in a way that helps you better understand them, including what risks are crucial and which ones are not, as well as if the overall risk picture is complete. Risk mapping is primarily qualitative, and its advantages include improving your comprehension of the risk profile and your ability to communicate it, forcing you to think through the nature and implications of the risks that have been identified with rigor.

Improving your risk models by creating an intermediary link between the risk register and the model, and improving your risk register by basing it on the model.

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The deal described is a music publishing deal, specifically a controlled composition clause deal.

The deal described is a music publishing deal,  This is because the song was licensed under a controlled composition clause, which is a contractual provision that limits the amount of royalties that can be earned by the songwriters for songs that are performed by artists who are signed to the same label as the songwriter. In this case, the song was performed by Florida Georgia Line, who are signed to the same label as the songwriter.

The song earned $500,000 in royalties, which means that the total publishing share earned by the songwriters was $375,000 (75% of $500,000). Each of the three parties involved in the music publishing share owned a 25% share, which means that the songwriter earned $93,750 from the song's success on the radio.

The use of the song in the opening and closing credits of a Tom Hanks movie earned $70,000, while the use of the song in a Honda TV commercial earned $100,000. The additional $100,000 for using the song's original recording in a TV commercial is a synchronization fee.

Overall, the songwriter earned $263,750 ($93,750 in royalties and $170,000 in synchronization fees) from the success of the song.

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The majority of non-bank entities are subject to TILA enforcement and Regulation Z's implementation by the FTC. policy creation, as well as business and consumer education (all relating to the topics covered by Regulation Z, including the advertisement, extension, and certain other aspects of consumer credit).

Mortgages, home equity loans, home equity lines of credit, credit cards, installment loans, and private student loans are all covered by the law. By mandating prompt disclosure of a credit card's expenses, the TILA encourages the educated use of consumer credit. Additionally, it has substantive clauses that cover things like the consumer's ability to cancel certain mortgage loans and the prompt resolution of billing issues. Except for the guidelines for credit card issuing and liability for unauthorized use, Regulation Z does not apply.

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