Purpose: The purpose of this project is to reflect on, analyze and apply tort law, product liability law, agency and contract law, and their potential 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 procedure, 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 Clean-N-Shine (“Clean”) owners are meeting with TLG in final consultations before Clean opens business operations. The purpose of these final meetings is to identify the:
- areas of business law presenting the greatest potential risk and liabilities for Clean; and
- areas of business operations vulnerable to potential risks and liabilities for which Clean should seek legal counsel.
Winnie and Ralph have asked you to provide a report that presents your reflections and recommendations based on your research and analysis during the past seven weeks of TLG’s consultation with the Clean owners.
The report will have two (2) parts.
Part I. Risks and Liabilities
A. Analyze and discuss two (2) areas of business law that present the greatest potential risks and liabilities for the Clean business, from among these areas:
- Negligence related to any business operations
- Negligence related specifically to premises liability
- Strict product liability related to the use of EPI products for Clean services
- Strict product liability related specifically to the resale of EPI products
- Contracts with employees
- Contracts for the sale of goods with clients
- Agency law and contracts with any Clean agents
For EACH of the two (2) areas of the law selected from the above list, you must:
(1). Provide a background explanation of the area of law, e.g., negligence, contracts for the sale of goods, etc. (be detailed and specific so any reader can understand the meaning of the specific area of law)
(2). Analyze and explain the specific potential risks and liabilities presented by the area of law and why and how each area of law creates vulnerability for Clean
(3). Provide a specific example of why and how the potential risks and liabilities could arise for each area of law for the Clean business
Minimum of 3 paragraphs for EACH of the two areas of risks and liabilities you choose to discuss (total of 6 paragraphs, minimum)
Citations required : Remember to use in-text citations in the narrative for all reference works and full citations on a separate Resources page.
Part II. Legal Counsel
During the past eight weeks, we have discussed and emphasized the importance of the Clean owners seeking business advice from TLG and the importance of Clean – and every business – seeking legal counsel from an attorney for various aspects of business operations.
In Part II, you are to reflect on your experience in consulting with the Clean owners, your research and analysis, and make the following recommendations.
A. Evaluate and explain why you recommend that the Clean owners seek legal counsel with an attorney for any – or all – aspects of its business operations, i.e., contract writing, procedures to protect against negligence risks, recruitment policies, etc.
- Explain and support the rationale for your recommendation specifically, in detail and comprehensively, using examples, personal experience(s), etc.
- Consider specific areas of business operations for which it is particularly important to seek legal counsel
Note: There is no single correct answer; the detailed, specific rationale and support for your recommendation is most important.
It is not necessary to cite resources in Part II for your personal opinion, but you must include a citation each time you do use information from a specific resource (i.e., from assigned course materials) to support your conclusions.
Minimum of 3 paragraphs
TO: Winnie James, Ralph Anders
FROM: (your name)
RE: Clean risks and liabilities
Part I. Risks and Liabilities
A. Business risk #1
A. Business risk #2
Part II. Legal Counsel
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”.
Review the Project Memorandum
Thoroughly read the project to ensure all required elements are present.
Review the grading rubric to ensure that you gain the most points possible for this assignment.
Proofread for spelling and grammatical issues.
Use the spell and grammar check in Word.
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 professor. It is incumbent upon the student to verify the assignment is the correct submission.