contract law and their associated potential risks and liabilities in business
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
contract law and their associated potential risks and liabilities in business
Project 2 –
Purpose
The purpose of this project is to research, analyze and apply tort law, product liability law, jurisdiction, and contract law and their associated potential risks and liabilities in 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 in Week 3 and other weeks.
Outcomes Met by Completing this Assignment:
- recommend appropriate actions in the business environment based on an understanding of sources of law, 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: Things are moving quickly for the GC owners. They are almost ready to open operations and finalize contract negotiations with EPI to purchase cleaning products. EPI and GC have already agreed that GC:
(1) will buy cleaning products exclusively from EPI for three years,
(2) will be permitted to resell those products to clients and other businesses, and
(3) may contract with certain businesses who buy cleaning products from GC to become Authorized Distributors (AD) for those GC products; ADs will be listed on GC’s website.
GC needs to draft a contract to reflect an agreement between GC and future ADs. The contract will be complex, and GC is concerned about risks and liabilities created by AD relationships.
In a meeting with TLG, GC owners stated they have heard about several recent lawsuits involving businesses and ADs. Connor presented a “what if…” scenario that could create complicated liabilities arising from GC-AD agreements.
The “what if…” scenario follows.
“What-If…” scenario: In contracts with ADs, GC includes an indemnification clause stating that the AD would cover claims by third parties harmed directly as a result of the ADs actions.
A GC AD contracts to clean concrete floors in a commercial building in North Carolina using Floor-ex, a cleaning solution, purchased from GC (manufactured by EPI and sold to GC for resale distribution).
The AD’s employee spills a large tub of Floor-ex on the job site resulting in the following:
- the building owner slips on the spill, is injured and misses 3 weeks of work;
- the building owner hits a piece of equipment in the fall causing it to slide resulting in damage;
- Floor-ex splashes on the wall, staining it and part of the wall must be replaced.
The building owner files a lawsuit against the AD and GC for negligence, as well as for product liability. The building owner seeks compensation damages for:
- medical expenses and economic loss from her injuries;
- costs for repair to the building wall;
- costs for repair to the damaged piece of equipment.
The GC owners ask TLG’s opinion about their liability if a situation like the “what-If…” scenario occurred with one of their ADs. TLG’s response will influence the owners’ final decision about whether to use ADs in their new business.
Instructions:
Winnie and Ralph asked you to analyze the “what-If…” scenario and discuss potential liabilities in a memorandum.
The memo should analyze and explain:
Part I. Green Clean
- The strengths of the plaintiff’s negligence claim against GC;
- Potential defenses, if any, GC could assert in the negligence claim;
- The strengths of the plaintiff’s product liability claim against GC;
Part II. Authorized Distributor
- The strengths of the plaintiff’s negligence claim against AD;
- Potential defenses, if any, AD could assert in the negligence claim;
- The strengths of the plaintiff’s product liability claim against AD;
- Whether, if AD is found liable for negligence and for product liability, AD could sue GC to recover damages paid to the plaintiff?
Format
Label all parts.
Use correct, complete sentences, in paragraph format.
Use in-text citations and a Reference List in APA format.
Support and explain all conclusions.
Write an in-depth, comprehensive analysis.
Memorandum
To: Winnie James, Ralph Anders
From: (Your Name)
Date:
Re: Liability Analysis
Part I.
1.
2.
3.
Part II.
4.
5.
6.
7.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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