BLW8 Final Project – Project 2
USE REFERENCES ONLY
Final Project
Purpose: The purpose of this project is to reflect on, analyze and apply tort law, agency and contract law, and their potential rights, risks, and liabilities in a business. The project requires you to identify and analyze legal issues and to make recommendations.
You will also develop skills in critical thinking to create an in-depth comprehensive analysis.
The project relates to the concepts covered in weeks 1-7. You should refer to assigned materials in earlier weeks of the course.
This project relates to the following course outcomes:
- recommend appropriate actions in the business environment based on an understanding of sources of law, substantive legal concepts, legal process and procedure, and available remedies
- analyze contractual rights, obligations, liabilities, and remedies in the business environment
- analyze tort rights, obligations, liabilities, and remedies in the business environment
Background:
The owners of Viral Clean (Conner, Denise, Larisa, and Sam) are responsible for different components of the business. Each aspect has a legal implication. Please prepare a report that discusses the law for each aspect. For each aspect, the report must address the following:
- Identify the component that is central to each of the four scenarios and explain the relevant area of the law.
- As a general matter, explain why understanding the area of the law helps Clean.
- Identify Clean’s rights and liabilities in the area of the law and make specific recommendations of how Clean can minimize its liabilities.
Conner:
Conner is responsible for purchasing PPE and cleaning supplies from EPI. Although Conner is a Clean owner, he also operates his own separate company. His company sells outerwear and athletic clothing online. While running his company, he had several instances where the manufacturer did not deliver the correct product to his company. He also had cases where the clothing did not meet the contract specifications. As a result, his company had shipping delays to the customers, and his company also shipped the wrong product to its customers.
Conner wants to avoid this situation for Clean. However, if this should happen to Clean, Conner wants to understand Clean’s rights as a purchaser from EPI and its liabilities as a reseller to customers. Please address the law to help Conner understand Clean’s rights and liabilities.
Denise:
Denise is responsible for human resources, risk-avoidance, and insurance for Clean. Denise is preparing a workers’ handbook for Clean. The handbook’s relevant sections cover job-related injuries to workers and Cleans’ customers. The workbook explains the actions that must be taken when there are on-the-job injuries. Clean’s workers include employees and independent contractors.
Please address the law to help Denise prepare the relevant sections of the workers’ handbook.
Larisa:
Larisa is responsible for executive talent acquisition. Clean will retain the executives using three-year employment agreements. Larisa wants to ensure that the employment agreements are valid and enforceable. The agreements must address the executives’ duties and authority.
Larisa does not know what is required to ensure that the employment agreements are valid and enforceable. She is also unsure of the law that cover’s the executives’ duties and authority. Please address the law that will assist Larisa.
Sam:
Sam is responsible for government compliance and product development. Sam ensures that all PPE and cleaning solutions meet the Center for Disease Control’s guidelines. Sam also monitors the laws in the states where Clean’s PPE and cleaning solution are sold. He ensures that the states are not planning to ban any of the cleaning solution’s ingredients.
Please address the law that will assist Sam when states plan to ban the cleaning solution’s ingredients.
Instructions
There will be 1 single report with subheadings for each Clean employee: Conner, Denise, Larisa. and Sam. Each subheading should include the following:
- Identify the component that is central to each of the four scenarios and explain the relevant area of the law.
- As a general matter, explain why understanding the area of the law helps Clean.
- Identify Clean’s rights and liabilities in the area of the law and make specific recommendations of how Clean can minimize its liabilities.
No narrative minimum is provided. Be sure to cover each component thoroughly, demonstrating your understanding and application of the law.
Format
Report
TO: Winnie James, Ralph Anders
FROM: (your name)
RE: Clean risks and liabilities
A brief introduction of the purpose of the report
- Conner
(1)
(2)
(3)
- Denise
(1)
(2)
(3)
- Larisa
(1)
(2)
(3)
- Sam
(1)
(2)
(3)
______________________
Tips for Formatting and Structuring Analysis:
- Write in complete sentences in paragraph format.
- Use in-text citations citing to relevant assignment materials.
- Double-space; 12-point Arial or Times Roman font.
- Introductory Sentence: Begin with an introductory sentence or very brief paragraph that states the purpose of this report.
- Concluding Sentence: End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.
- Support Arguments and Positions: Please refer to the module in Content, “How to Support Arguments and Positions.” A References page may be added at the end of the report.
Review the Project Memorandum
Thoroughly read the project to ensure all required elements are present.
WEEK 1 REF:
Chapter 1: Introduction to Law and the Legal System
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s04-introduction-to-law-and-legal-.html
Chapter 3: Courts and the Legal Process
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06-courts-and-the-legal-process.html
Chapter 4: Constitutional Law and U.S. Commerce
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s07-constitutional-law-and-us-comm.html
Civil v. Criminal Law
https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law
The U.S. Constitution
https://www.archives.gov/founding-docs/constitution
Police Powers of States
https://definitions.uslegal.com/p/police-powers/
Examples of Police Powers of States
https://biotech.law.lsu.edu/map/ThePolicePower.html
WEEK 2 REF:
Elements of Negligence Summary
https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html
Premises Liability
https://www.nolo.com/legal-encyclopedia/what-premises-liability.html
Maryland Workers’ Compensation Law
https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html
TORT LAW
https://www.law.cornell.edu/wex/tort%E2%80%8E
Intentional Torts
https://www.law.cornell.edu/wex/intentional_tort
Negligence
https://www.law.cornell.edu/wex/negligence
Introduction to Product Liability
https://leocontent.umgc.edu/content/umuc/tus/bmgt/bmgt380/2228/modules/m3-module-3/Instructor-Notes.html
Chapter 17 – Products Liability
https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability
Manufacturing Defect v. Design Defect
https://corporate.findlaw.com/litigation-disputes/product-liability-manufacturing-defects-vs-design-defects.html
Warranties and Product Liability
https://www.lawteacher.net/free-law-essays/contract-law/exploring-warranties-and-product-liability-contract-law-essay.php
Chapter 8 – Introduction to Contract Law
https://www.rocketlawyer.com/business-and-contracts/business-operations/product-or-service-sales/legal-guide/what-is-consideration
Chapter 9 – The Agreement
https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s12-the-agreement.html
Chapter 10 – Real Assent
https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s13-real-assent.html
Chapter 11- Consideration
https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s14-consideration.html
Chapter 12 – Legality
https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s15-legality.html
OFFER
https://contracts.uslegal.com/elements-of-a-contract/offer/
Acceptance (Agreement)
https://definitions.uslegal.com/a/agreement/
Consideration
https://www.rocketlawyer.com/business-and-contracts/business-operations/product-or-service-sales/legal-guide/what-is-consideration
Legality
https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s15-legality.html
Elements of Negligence Summary
https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html
Premises Liability
https://www.nolo.com/legal-encyclopedia/what-premises-liability.html
Maryland Workers’ Compensation Law
https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html
TORT LAW
https://www.law.cornell.edu/wex/tort%E2%80%8E
Intentional Torts
https://www.law.cornell.edu/wex/intentional_tort
Negligence
https://www.law.cornell.edu/wex/negligence
Strict Liability
https://www.law.cornell.edu/wex/strict_liability
Contributory and Comparative Negligence
https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/
Assumption of Risk
https://www.justia.com/injury/negligence-theory/assumption-of-risk/
Chapter 8 – Introduction to Sales and Leases
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s11-introduction-to-sales-and-leas.html
Chapter 9 – Title and Risk of Loss
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s12-title-and-risk-of-loss.html
Chapter 10 – Performance and Remedies
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s13-performance-and-remedies.html
Article 2 of the Uniform Commercial Code
https://www.law.cornell.edu/ucc/2
CISG: Guide for Business Managers and Attorneys in Applying CISG
https://iicl.law.pace.edu/cisg/page/guide-managers-and-counsel-applying-cisg#B.+What+is
Uniform Commercial Code (UCC)
https://www.uniformlaws.org/acts/ucc
Article 2 of the Uniform Commercial Code (“UCC”)
https://www.law.cornell.edu/wex/sales
Sale of Goods
https://www.legalmatch.com/law-library/article/when-does-the-ucc-not-apply-to-a-sale-of-goods.html
