BMGT 380 Project 1: Help identifying and assess legal issues

Project 1: Prepare a PowerPoint (PPT) presentation to identify and assess legal issues, apply the law to the facts and make recommendations.

BMGT 380
Project 1
WEEK 4
PROJECT 1
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 conc epts, 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, Viral Clean (Clean), a commercial cleaning company incorporated in Maryland, b ut 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 receptio n area, a
conference meeting area, and space for potential and existing clients to meet to discuss cleaning jobs, buy cleaning prod ucts, 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 facility. You will then make a PowerPoint supported presentation to the Clean owners. The Clean owners will use the plan to
refine policies and procedures to prevent and/or minimize their liabilities.
Formatting
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An opening slide with your name, class name and number and date of submission
An Introductory slide is always appropriate and appreciated
A Summary or Conclusion slide is also appropriate
The Speaker Notes on a final slide titled “Resources” should reflect the full APA citation of all resources. (Note: There should be an in-text citation in
the Speaker Notes narrative wherever a supportive resource is referenced.)
Using PowerPoint slides, create two (2) distinct parts of your presentation:
1. Identify and explain two different specific situations that could create negligence risks/liabilities for Clean in its public facility. Explain why/how each
situation creates possible negligence liability. The analysis must show how each situation satisfies the negligence elements. In addition, the analysis must
identify and explain a different defense for each negligence risk situation.
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Part I. Risks and Liabilities
A. Negligence and Defense for Risk Situation 1
B. Negligence and Defense for Risk Situation 2
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.
• Part II. Policies and Procedures
1. Policy/Procedure for Negligence Risk Situation 1
2. Policy/Procedure for Negligence Risk Situation 2
Remember you are the “presenter” and, as such, you will be reading your Speaker Notes the same way you would a presentation pa per. (The “narrative”, which
is a clear, complete explanation of the content and points you are making, goes in the Speaker Notes). The Clean owners (audience) will be looking at the slides
which should include highlights and illustrations of your comments for that slide. The slide content should align with the narrative in t he Speaker Notes.
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HINT: Many presenters will compose their presentation first, then divide it into the PowerPoint slide format by placing the n arrative on the Speaker
Notes area of each slide and using the slide itself to underscore important points.
Alternatively, some presenters create an outline of their presentation, then paste elements of the outline onto the PowerPoint sli des. They then
compose the narrative in the Speaker Notes to describe and expound on the slide.
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BMGT 380
WEEK 4
PROJECT 1
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 to ensure writing is in the third grammatical person.
• Read the PowerPoint presentation aloud as a first measure;
• Use the spell and grammar check in PowerPoint;
Have someone who has excellent English skills proof the presentation and read it aloud to you
Support:
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Tutorial on Speaker Notes: https://support.microsoft.com/en-us/office/add-speaker-notes-to-your-slides-26985155-35f5-45ba-812b-e1bd3c48928e
Creating a PowerPoint http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf
You may search the Internet for other MSPowerPoint tutorials.
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Submit to Assignment Folder.
Due Tuesday, 11:59 pm ET.
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Week 1 Learning Resources
MAJOR CONCEPTS
Constitutional Power of Governments:
Review the U.S. Constitution, with particular attention on the Articles and the Bill
of Rights/First Ten Amendments.
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The U.S. Constitution
Police Powers:
The U.S. Constitution grants authority and powers to the federal government. Powers not specifically designated for the
federal government are reserved as powers for the individual states. So-called “police powers” are reserved for the states.
o Police Powers of States
o Examples of Police Powers of States
Jurisdiction of Courts:
Jurisdiction, the authority of a court to hear a case, is an important legal concept for business owners and managers to
understand. Jurisdiction is increasingly complex with the expansion of e-commerce and global business.
o Jurisdiction: Definitions and Examples
o Jurisdiction and Internet Sales
Alternative Dispute Resolution (ADR):
Traditionally, legal disputes were resolved in the courts, but legal alternatives for resolving disputes outside the courtroom
are increasingly popular. ADR is appropriate for certain types of cases, e.g., disputes where there is a dispute of facts; ADR
is not appropriate for all disputes, e.g., a dispute involving a question of constitutional law.
o Alternative Dispute Resolution (ADR)
ASSIGNED READINGS
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Introduction to Week 1
Saylor: Government Regulation and the Legal Environment of Business e-textbook:
o Chapter 1: Introduction to Law and the Legal System
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Chapter 3: Courts and the Legal Process
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Chapter 4: Constitutional Law and U.S. Commerce
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Civil v. Criminal Law
The Instructor’s Perspective: Here are the materials for Week1—narrated power point, transcript and power point.
Week 1. BGMT380.mp4
Week1.pptx
General Instructions ( Utilize APA 7th Edition)
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Read/watch all assigned materials listed for the week in Overview above
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
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Background Facts You Need To Know: Viral Clean (Clean) is incorporated and located in Maryland but
engages in business in all Mid-Atlantic states. Clean uses its line of disinfectant and cleaning products and sells
its products to other companies via the Internet.
Recently, the Delaware legislature enacted a law banning all sales and importation, until further notice, of
Clean’s Shine-It surface cleaner in Delaware. The Delaware Attorney General’s Office investigated consumer
complaints. It discovered that one of the ingredients in Shine-It was contaminated and caused a quick-growing
mold to spread on surfaces to which it is applied. The mold can be toxic to humans and can cause damage to
surfaces.
The United States Congress attempted to ban similar disinfectants but could not do so after the President
vetoed legislation that would have banned them. In vetoing the legislation, the President noted that the
Federal government’s investigation of the toxic nature of similar disinfectants was inconclusive.
Clean wants to continue selling Shine-It in Delaware and other states. If Clean can sell Shine-It in Delaware, its
income and profits will increase. Clean intends to challenge the new law as unconstitutional, and it has
consulted TLG for advice.
Winnie and Ralph ask you to prepare a summary report of relevant constitutional law for a meeting with them
and Clean’s owners.
Week 2 Learning Resources
INTRODUCTION TO THE CONCEPT AND PRACTICE OF TORTS https://youtu.be/_KHIWhwj5as?si=KCt4tsXXp4T1HQ9M
Saylor.org BUS 205 “Business Law”
MAJOR CONCEPTS:
Tort Law is the area of law that allows a person, business, or entity to recover for an injury to the person or damages to
property.
Tort law can be broken down into three main categories:
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Intentional Torts
https://www.law.cornell.edu/wex/intentional_tort
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Negligence https://www.law.cornell.edu/wex/negligence
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Strict Liability
https://www.law.cornell.edu/wex/strict_liability
Defenses in Tort Law
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Contributory and Comparative Negligence
contributory-negligence/
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Assumption of Risk
https://www.justia.com/injury/negligence-theory/comparative-
https://www.justia.com/injury/negligence-theory/assumption-of-risk/
ASSIGNED READINGS:
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Saylor: Advanced Business Law and the Legal Environment e-textbook: Chapter 7 – Tort Law
Elements of Negligence Summary https://www.findlaw.com/injury/accident-injury-law/elements-of-anegligence-case.html
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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
Background: With some understanding of the legal system, the Viral Clean (“Clean”) owners can now focus on
examining specific areas of law that create potential risks and liabilities for their business. The group knows
from their business experience that companies face severe and costly risks and legal liabilities from tort law.
Unintentional harm resulting from accidents, such as negligence, can result in costly litigation. The Clean
owners are concerned about the possible accidents resulting in injuries to their employees that could occur
during cleaning clients’ properties.
Winnie and Ralph have given you the responsibility of analyzing and summarizing potential negligence claims
and liability that Clean might face in its business operations. You decide to analyze a hypothetical fact scenario
to present to the Clean owners to help explain Clean’s potential negligence liability for accidents occurring on
clients’ property during cleaning. The analysis will be presented at the next meeting with Clean’s owners and
TLG. Your analysis will address only the tort of negligence.
Background Facts You Need To Know: Jack, a Clean employee, was assigned to clean and disinfect Client A’s
office building. Jack’s first task was to vacuum the floors in a wide hallway. Jack plugged Clean’s commercial
vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming. Before
vacuuming, Jack checked to ensure the hallway was clear of obstacles and people walking. After checking the
hall, he placed the cord to the side of the hallway out of the path of his pushing the vacuum. After vacuuming
for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes placed in the
hallway by Client A’s employee before Jack began vacuuming. While Jack checked the hall before vacuuming,
he did not notice the boxes had been placed in the hall.
Jack fell, broke his ankle, and was taken to the hospital ER via ambulance. A cast was applied after determining
that the ankle did not need surgery. Jack missed three weeks of work because of the injury.
Week 3 Learning Resources
DEFINITIONS OF A DEFECTIVE PRODUCT IN PRODUCT LIABILITY:
Types of Product Defects:
Example:
Possible Defenses to Product Liability:
Warranties and Products Liability Case
Strict Liability for Abnormally Dangerous Activities:
MAJOR CONCEPTS:
Three main theories of recovery in product liability law include the following.
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Warranty – This is a contract theory of recovery that falls under Article 2 of the Uniform Commercial Code.
Negligence – This is a tort theory of recovery. See Week 2 Assigned Materials.
Products Liability – This is a tort theory of recovery.
ASSIGNED READINGS:
Introduction to Product Liability https://leocontent.umgc.edu/content/umuc/tus/bmgt/bmgt380/2228/modules/m3module-3/Instructor-Notes.html
o Saylor: Law for Entrepreneurs e-textbook: Chapter 17 – Products Liability
https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability
o Manufacturing Defect v. Design Defect
https://corporate.findlaw.com/litigation-disputes/productliability-manufacturing-defects-vs-design-defects.html
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Warranties and Product Liability
https://www.lawteacher.net/free-law-essays/contractlaw/exploring-warranties-and-product-liability-contract-law-essay.php
Relevant Uniform Commercial Code Sections on Warranties:
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Implied Warranty of Merchantability https://www.law.cornell.edu/ucc/2/2-314
Implied Warranty of Fitness for Particular Purpose
https://www.law.cornell.edu/ucc/2/2-315
Express Warranties
https://www.law.cornell.edu/ucc/2/2-313
Warranty Modifications and Exclusions
https://www.law.cornell.edu/ucc/2/2-316
Summary of Product Liability Law:
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Business Law I – Week 3
https://leocontent.umgc.edu/content/dam/course-content/tus/bmgt/bmgt380/document/Business%20Law%20I%20%28Week%203%29%20%281%29.pdf
Background Facts You Need To Know: TLG has scheduled another meeting with the Viral Clean (“Clean”)
owners to further discuss the risks and liabilities of tort law. This meeting will focus specifically and only on
product liability.
Winnie and Ralph asked you to participate in the Clean meeting and be prepared to discuss specific product
liability risks related to Clean’s use and resale of EPI cleaning products. EPI is a manufacturer of
environmentally friendly products.
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