MBA 630 UM University College Legal Environment of Business Paper

Create a written analysis of the attached case study. see instructions below.

As you read through the materials, try to begin answering the questions posed below.

You will likely encounter many new legal concepts, so take notes about which sections apply to this case so that you can easily refer back to them when you begin to write your analysis.

In all legal cases, there are disputes about the facts and the law. In this case, we can assume the facts stated in our case file are accurate, so we just need to decide what law applies and how the law can be interpreted to support the plaintiffs’ and defendant’s arguments. The issue of who caused the accident has been settled. Wilson caused the accident, so the issue before us is whether Wilson’s employer can be held responsible for his actions.

• What are the arguments in favor of the plaintiffs (the accident victims)?
• What are the arguments in favor of the defendant (Carz Bazaar)?

I’d like you to use your outline and research notes from your work on this case to prepare your written analysis.

Maintaining company procedure, I’d also like you to meet the following requirements for this deliverable:

• Please divide your analysis into two parts: Part I: Arguments for the Plaintiffs and Part II: Arguments for the Defendant.
• Support your conclusion with references to legal principles and laws. Cite references to course materials and cases using APA format.
• The analysis should be no more than seven pages (double spaced, 12-point font; the reference list does not count towards the page limit).

7/22/22, 12:46 PM
Carz Bazaar
Course Resource
Carz Bazaar
Notice: Contains Confidential Information
Colossal Company subsidiary Carz Bazaar, a new and used car dealership, hired Charles
Wilson to perform various duties, such as cleaning and gassing vehicles, moving vehicles
from one lot to another, and maintaining the showroom and vehicle lots. In this position,
Wilson had access to keys to the vehicles through a key-control procedure. Under this
procedure, an attendant keeps the keys in a control shack. When any employee wants to
move a company vehicle, the attendant inputs information into a template request form.
The information includes the date, time, stock number of the vehicle, name of the
employee checking out the vehicle, and the destination of the vehicle. For example, the
vehicle might be taken to a body shop for repairs, to a gas station, or to a company lot at a
different location. Every time an employee checks out a vehicle, the reason must be for
company business use. It is not necessary to put the expected return time on the form
unless a vehicle was expected to be gone for a long time. Once the attendant has
completed the form, she gives the keys to the employee who has requested them. When
the vehicle is returned, the attendant indicates in the log that the vehicle was returned
and replaces the keys. Sometimes vehicles are gone for more than one day. Some vehicles
may be removed permanently if they are sold from another lot. In these cases, the
managers of the other lots call to let the attendant know that the vehicle will not be
coming back. Sometimes employees drive cars back and leave the keys with other
employees to return to the attendant. This practice was acceptable to the dealership.
One day when Gina Mitchell was the attendant in charge, Wilson asked her if he could use
a car for 30 minutes on his lunch break to go to his mother’s house. The attendant told
him it was okay as long as he brought it back because, otherwise, she could get in trouble.
Since Wilson only wanted the car for 30 minutes and she trusted him, she did not make
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7/22/22, 12:46 PM
Carz Bazaar
any entry about this trip on the computer. Wilson took the car and left. On his way back
to the dealership, Wilson rear-ended a car stopped at a stop light, causing injuries to the
driver and a passenger. Wilson told a police officer at the scene of the accident that he
was on a lunch break from his job and that he had permission to drive the car, but his boss
was not aware he had the car.
The injured driver and passenger sued Carz Bazaar on the grounds that it was responsible
for the injuries caused by Wilson.
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