University of Maryland Global Campus Week 2 Business Law Questions

General Instructions•
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Read/watch all assigned materials listed for the Course Content
Cite to assigned materials in all responses
Use only assigned materials to complete; 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
Tips for Formatting and Structuring Analysis:
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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.
Background: With some understanding of the legal system, the Viral Clean
(“Clean”) owners can now shift their focus to 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
stemming from tort law.
Unintentional harm resulting from accidents, such as negligence, can result in costly
litigation. The Clean owners are concerned about the possibility of accidents
resulting in injuries to their employees that could occur during cleaning clients’
property.
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
beginning vacuuming, Jack checked to ensure that 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 that
had been placed in the hallway by Client A’s employee since Jack began
vacuuming. Jack did not know the boxes had been placed in the hall.
Jack fell and broke his ankle and was taken to the hospital ER via ambulance. A cast
was applied after it was determined the ankle did not need surgery. Jack missed
three weeks of work because of the injury.
Instructions
Report You Need To Prepare: You must prepare a report addressed to Winnie and
Ralph. Winnie and Ralph will use the report in discussion with the Clean
owners. The report must address each of the following points:
1. Analyze whether Jack has a negligence claim against Client A.
2. Identify any potential defenses that Client A may raise in response to Jack’s
negligence claim. The analysis must explain why the defense may be raised.
3. Given the negligence claim and the potential defenses, conclude whether Jack or
Client A should prevail in the lawsuit. The facts and the law must support the
conclusion.
REPORT
TO:
FROM:
DATE:
RE:
1.
2.
3.
Winnie James, Ralph Anders
(your name)
Clean Negligence Risks and Liabilities
Material that can be used for citations
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