BMGT 380 University of Maryland University College Business Law Paper

Week 4 Assignment Report and Project is as follow

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  • Every time goods are sold or bought, there is a creation of a sales contract in which the buyer agrees to pay, and the seller agrees to accept the price agreed upon. Most of the time, sales contracts are unwritten agreements and frequently oral. For instance, it seems hardly worth drafting a sale agreement for a sale of a chocolate bar explaining the expectations of the buyer that the chocolate will be fresh and fit for consumption. Buyers are protected by implied warranties whether or not written sales agreements exist. The sale of goods is governed according to Article 2 of the Uniform Commercial Code (UCC). A guarantee that good shall be suitable for sale is implied in a contract for their sale if the seller is the merchant (Uniform Commercial Code § 2-316). This applies if the warranty is not excluded or modified. However, an implied warranty of merchantability can be modified by words or excluded, subject to the provision of UCC § 2-316 (“§ 2-314. Implied Warranty: Merchantability; Usage of Trade,” n.d.). Merchantable goods must be fit for ordinary purposes, meet the promises of the facts made of the label, and are well packaged and labeled.
  • GC could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean GC clients’ commercial property. EPI made an implied warranty of merchantability to GC when it sold them the cleaning products. GC cannot make the same implied warranty of merchantability to their clients since they are not the merchant of the cleaning products. GC must adhere to the implied warranty of merchantability while handling the EPI products and in case of any violation, they will be held accountable. GC must use the cleaning products as directed by the EPI and for the purpose, it was intended for. If GC happens to use the cleaning products wrongly and it causes harm to the client’s premises, they would be sued for that. If the product were used for the right purpose, but also caused harm, the client will sue GC since they expected the product to be good for the cleaning its commercial property.

















  • After reading the materials, discussing the concepts, and completing the
    learning activity; students will be able to:
    Explain why it is important for businesses to understand contract law
    Identify when an offer has been made
    Explain and compare the two main types of contracts
    Decide when a contract has been created
    Create relevant contract terms in a business setting
    Identify situations where a contract may not be enforceable
    Recommend actions businesses can take to protect itself against contracts that may
    not be enforceable
    This week’s learning outcomes relate to the following course outcome:
    Analyze contractual rights, obligations, liabilities, and remedies in the business
    environment.
    Major Concepts:
    Offer – This is an element of contract creation.
    Acceptance (Agreement) – This is an element of contract creation.
    Consideration – This is an element of contract creation.
    Legality- This is an element of contract creation that addresses the enforceability of a
    contract based on the legality or illegality of the contract.
    Assigned Materials to Read/Watch:
    Instructor Notes (see link below Overview)
    Week 4 Introduction (see link below Overview)
    Saylor: Business Law and Legal Environment e-textbook:
    Chapter 8 – Introduction to Contract Law
    Chapter 9 – The Agreement
    Chapter 10 – Real Assent
    Chapter 11- Consideration
    Chapter 12 – Legality
    Week 4 Assignment
    General Instructions for Learning Activities


    Read/watch all assigned materials listed for the week in the Course Content
    Cite to assigned materials in all responses in Learning Activities



    Use only assigned materials to complete Learning Activities; do not use the internet
    unless otherwise instructed
    Include in-text citations and a Reference List for in-text citations
    Write in correct, complete sentences, in paragraph format unless otherwise instructed

    Submit Learning Activities to Assignment Folder
    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 your conclusion to the questions asked.
    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”.
    Learning Activity: due 11:59 pm ET, Thursday
    Background: Contracts are essential for business, and will be an integral part of GC
    operations, so the owners now want to focus on contract law. Each of the owners
    has experience with contracts in their own businesses, and appreciate the probable
    risks and liabilities associated with contracts. They also know that to avoid possible
    disputes with employees and clients, contracts should be comprehensive, clear, and
    specific.
    The GC owners know that there are various types of contract agreements relevant to
    their business. GC will have individual contracts with employees, independent
    contractors, and other agents who will represent the company. Also, GC will engage
    in sales contracts with other businesses, consumers, and clients.
    To reduce disputes and risks and liabilities associated with contracts, the owners
    want all contracts to be written, with specific, complete, and clear terms. Contracts
    must define the rights and responsibilities of the parties. Also, since employees
    and/or independent contractors will be performing cleaning services on clients’
    properties, these contracts should require bonding for all employees.
    You, Winnie, and Ralph presented draft contracts for GC employees, including
    different contracts for cleaners, office managers, marketing specialists, sales
    representatives, and IT employees.
    The GC owners reviewed the drafts and have some questions about the contracts.
    Background Facts You Need to Know: At Winnie’s and Ralph’s request, it is your
    responsibility to research an provide answers to the GC owners’ questions. As an
    example, Winnie, Ralph, the GC owners, and you have determined that GC’s contract
    with its cleaner- employees will include the following terms and conditions:











    specific duties to be performed by cleaner-employee
    salary for cleaner-employee
    work hours
    terms of payment for overtime or holiday work, if any
    sick leave
    vacation leave
    training requirements for cleaner-employee
    length of contract
    bonding for cleaner-employee
    periodic performance evaluation and how it will be conducted
    termination of the contract, i.e., a notice of termination, etc.
    Instructions
    This is an application-oriented Learning Activity. You will not find verbatim answers
    anywhere. Engage in critical thinking and review all this week’s assigned readings in
    Overview. You may also need to review previously assigned materials in weeks 2
    and 3.
    Report You Need to Prepare: To begin developing a contract between GC and its
    cleaning clients prepare prepare a report that addresses the following (note that this
    is for a contract with GC’s clients and not GC’s employees).
    1. Identify five (5) contract terms and conditions – other than price – that should
    be included in the GC contract with its cleaning clients.
    2. Analyze and briefly discuss why each term is important to include in a GCclient cleaning contract.
    Tips for Formatting Report: The report should use the following format
    REPORT
    TO:
    Winnie James, Ralph Anders
    FROM:
    (your name)
    DATE:
    RE:
    Terms of Green Clean Contracts With Clients
    Contract Terms and Conditions
    1.
    2.
    3.
    4.
    5.




    Project 1 (Worth 15 points/15%)
    Submit to Assignment Folder.
    Due Sunday, 11:59 pm ET.
    Purpose: This project requires you to identify and assess legal issues, apply the law
    to the facts and make recommendations. The issues relate to the concepts and
    assigned materials covered in weeks 1, 2, and 3.
    This project will guide you in preparing a PowerPoint presentation.
    This project meets 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; and
    analyze tort rights, obligations, liabilities, and remedies in the business environment.
    Background/Facts: TLG is continuing to work with its new client, Clean-n-Shine
    (Clean), a commercial cleaning company incorporated in Maryland, but doing
    business in all Mid-Atlantic states. Clean’s owners have primary concerns about
    negligence risks and liabilities related to potential accidents occurring in their public
    business space to employees and/or customers.
    Clean is headquartered in commercial space in a local shopping center. This is a
    public space that includes private business offices, a public reception area, a
    conference meeting area, and space for potential and existing clients to meet to
    discuss cleaning jobs, buy cleaning products, and complete contracts for cleaning
    services. The shopping center is busy and heavily trafficked with shoppers.
    Winnie and Ralph request that you research and recommend a plan to identify
    potential negligence risks/liabilities and ways to minimize those potential negligence
    risks in Clean’s public store facility.
    The Clean owners will use the plan to refine policies and procedures to prevent
    and/or minimize their liabilities.
    Instructions
    Prepare a PowerPoint (PPT) presentation to:
    (1) develop a plan to identify and explain potential negligence risks/liabilities, and
    2) recommend ways to minimize those potential negligence risks in Clean’s public
    facility.
    There is no set number of PPT slides required, but it is important to be complete and
    comprehensive in the presentation.
    Please place all notes and explanations for EACH slide directly on slides in the
    PPT presentation. The notes and explanations cannot be placed in the notes
    field in PowerPoint or in a separate document
    You likely will need more than one PPT slide for each point/idea/concept. Everything
    you want to include in the presentation will be contained in the PPT slides. Do not
    include too much information on each slide – each slide should be clear and easy to
    read and understand during the presentation. Remember, the PowerPoint is a
    presentation and not a Word document.
    The plan focuses on potential tort liabilities for negligence (do not discuss or include
    the tort of strict product liability in this project).
    The PowerPoint presentation will be labeled in 2 parts:
    Negligence Risks/Liabilities in Clean Public Business Facility









    1. identify and explain 3 different specific situations that could create
    negligence risks/liabilities for Clean in its public facility
    explain why/how each situation creates possible negligence liability
    2. develop and explain policies and/or procedures Clean could implement to
    prevent or minimize the negligence risk/liability for each situation discussed in
    1. above
    Use only the assigned resources available in the classroom for the project.
    If needed, please refer to the following links for tips on preparing a PPT presentation.
    Creating a PowerPoint
    http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPow
    erPointSlide.pdf
    Beginning PowerPoint
    http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPow
    erPointSlide.pdf
    Format for PowerPoint:
    Title page + your name
    Introductory slide
    Summary/conclusion slide
    Use in-text citations, as needed
    Include a References List of cited resources
    The PowerPoint should include each of the following sections:
    Part I. Risks and Liabilities
    A. Negligence Risk Situation 1
    B. Negligence Risk Situation 2
    C. Negligence Risk Situation 3
    Part II. Policies and Procedures
    1. Policy/Procedure for Negligence Risk Situation 1
    2. Policy/Procedure for Negligence Risk Situation 2
    3. Policy/Procedure for Negligence Risk Situation 3
    ______________________________________
    Review the PowerPoint
    Thoroughly read the presentation to ensure all required elements are present. Use
    the grading rubric to ensure that you gain the most points possible for this
    assignment.
    Proofread for spelling and grammatical issues, and third person writing.
    Read the Power Points presentation aloud as a first measure;
    Use the spell and grammar check in PowerPoint;
    Have someone who has excellent English skills proof the presentation.
    Submit the project in the Assignment Folder The assignment submitted to the
    Assignment Folder will be considered a student’s final product and therefore ready for
    grading by the instructor. It is incumbent upon the student to verify the assignment is
    the correct submission.

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