Purpose: The purpose of this project is to reflect on, analyze, and applytort, 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, including
Instructor Notes.
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 procedures, 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 component of the business. Each component
has a legal implication. Please prepare a report that discusses the law
for each component. For each component, 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 workers’ safety and jobrelated injuries to workers and Clean’s customers. Clean 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.
Larisa does not know what is required to ensure that the employment
agreements are valid and enforceable. 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
A. Conner
(1)
(2)
(3)
B. Denise
(1)
(2)
(3)
C. Larisa
(1)
(2)
(3)
D. 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.
Week 1-7 material that can be used for reference
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s04introduction-to-law-and-legal-.html
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06courts-and-the-legal-process.html
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s07constitutional-law-and-us-comm.html
https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law
https://www.law.cornell.edu/wex/tort%E2%80%8E
https://www.law.cornell.edu/wex/intentional_tort
https://www.law.cornell.edu/wex/negligence
https://www.law.cornell.edu/wex/strict_liability
https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/
https://www.justia.com/injury/negligence-theory/assumption-of-risk/
https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10introduction-to-tort-law.html
https://www.nolo.com/legal-encyclopedia/what-premises-liability.html
https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html
https://www.law.cornell.edu/wex/implied_warranty_of_merchantability
https://www.law.cornell.edu/wex/negligence
https://www.law.cornell.edu/wex/products_liability
https://www.law.cornell.edu/ucc/2
https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability
https://corporate.findlaw.com/litigation-disputes/product-liability-manufacturing-defects-vs-designdefects.html
https://www.lawteacher.net/free-law-essays/contract-law/exploring-warranties-and-product-liabilitycontract-law-essay.php
https://www.law.cornell.edu/ucc/2/2-314
https://www.law.cornell.edu/ucc/2/2-315
https://www.law.cornell.edu/ucc/2/2-313
https://www.law.cornell.edu/ucc/2/2-316
https://www.law.cornell.edu/wex/statute_of_frauds
https://www.law.cornell.edu/wex/parol_evidence_rule
https://www.britannica.com/topic/performance-contract-law
https://www.law.cornell.edu/wex/substantial_performance
https://www.law.cornell.edu/wex/anticipatory_breach
https://definitions.uslegal.com/d/discharge-of-a-contract/
https://www.legalmatch.com/law-library/article/ultimate-guide-to-remedies-for-breach-ofcontract.html
https://saylordotorg.github.io/text_law-for-entrepreneurs/s16-form-and-meaning.html
https://saylordotorg.github.io/text_law-for-entrepreneurs/s18-01-discharge-of-contract-duties.html
https://saylordotorg.github.io/text_law-for-entrepreneurs/s19-03-legal-remedies-damages.html
https://www.law.cornell.edu/ucc/2/2-201
https://www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html
https://www.uniformlaws.org/acts/ucc
https://www.law.cornell.edu/wex/sales
https://www.legalmatch.com/law-library/article/when-does-the-ucc-not-apply-to-a-sale-of-goods.html
https://www.medey.com/wp-content/uploads/2018/06/A-Title-to-goods.pdf
https://www.law.cornell.edu/ucc/2
https://iicl.law.pace.edu/cisg/page/guide-managers-and-counsel-applying-cisg#B.+What+is
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s11introduction-to-sales-and-leas.html
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s12-title-andrisk-of-loss.html
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s13performance-and-remedies.html
https://www.britannica.com/topic/agency-law
https://work.chron.com/definition-principal-vs-agent-14381.html
https://saylordotorg.github.io/text_law-for-entrepreneurs/s23-relationships-between-principa.html
https://saylordotorg.github.io/text_law-for-entrepreneurs/s24-liability-of-principal-and-age.html