Overview
Business law impacts oureveryday lives, both personally and professionally. Businesses entercontracts, manufacture goods, sell services and products, and engage in employment and laborpractices-activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a fundamental skill that will help you navigatecommercial relationships and avoid potential problems in the business world.
The final assessment forthis course will requireyou to analyze three case studies and produce ashort report foreach. You will apply yourlegal knowledgeand yourunderstanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project willbe submitted in Module Seven.
This assessment addresses the following course outcomes:
• Apply appropriate elements of the U.S. legal system and the U.S. Constitution to business scenarios for impacting decisions in authenticsituations
• Apply concepts of ethics, morality, and civil and criminal law to business scenarios for informed corporatedecision making
• Analyze the basicelements of acontract and a quasi-contract fortheirapplication to commercialand real estate scenarios
• Differentiatebetween the various types of business organizations for informing rights and responsibilities
Prompt
Imagine yourself as aparalegal working in a law office that has been tasked with reviewing three current cases. You will review the case studi es and compose a short report foreach, applying yourlegal knowledge and understanding of the types of business organizations.
In each of the three reports, you will focus on areas of law covered in this course. Case Study One focuses on the legal system, criminallaw, and ethics. Case Study Two concentrates on contracts and landlord- tenant law. Case Study Three involves environmental law and business organizations.
Case Study One
Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face overthe internet. They contract with Novelty Now Inc., acompany based in Florida, to manufacture and distribute the product. Chris frequently meets with arepresentativefrom Novelty Now to design the product and to plan marketing and distribution strategies.
In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR(alow- cost chemical emulsifier) forthe compound in Novelty Now's original formula. PYRis not FDA approved. Funny Face is marketed nationallyon the radio and in newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and publicspeaker, buys one bottleof Funny Face overthe internet.
After he uses it once, his face turns a permanent shade of blue. Donald Margolin and his company, Donald Margolin Empire Inc., filesuit in the state of New York against Novelty Now Inc. and Chris, Matt, and Ian, alleging negligence and seeking medical costs and compensation forthe damage to his face and business reputation.
It is discovered that PYRcaused Margolin's skin discoloration. The website for Funny Face states that anyone buying theirproduct cannot take Chris, Matt, and Ian to court. Novelty Now's contract with the three men states that all disputes must be brought in the state of Florida.
Specifically, the following critical elements must be addressed:
A. Apply the rules of jurisdiction to the facts of this case and determine what jurisdiction(s) would be appropriatefor Margolin's lawsuit against Funny Face and Novelty Now, respectively. Consider federal court, state court, and long arm principles in youranalysis.
B. Assume all parties agree to pursue alternative dispute resolution (ADR). Analyze the advantages and disadvantages of two types of ADRappropriate for this case. Be sure to define the characteristics of each in youranswer.
C. Applying what you have learned about ADR, which type would each party (Funny Face, Novelty Now, and Margolin) prefer and why?
D. Apply concepts of criminal law and discuss whether ornot corporations and/orcorporate officers may be held liablefor criminal acts.
E. Identify, perthe classification of crimes in the text, any potential criminal acts by Funny Face and/or Novelty Now.
F. Assume the use of the emulsifier PYR, at the direction of Chris, is a criminal offense. Apply concepts of criminal law and discuss the potential criminal liability of Funny Face, Chris, Matt, Ian, and Novelty Now. Include support foryourconclusion.
G. Apply at least three guidelines of ethical decision-making to evaluate ethical issues within the case study.
Case Study Two
Sam Stevens lives in an apartment building where he has been working on his new invention, amachine that plays the sound of a barking dog to scare off potential intruders. A national chain store that sells safety products wants to sell Sam's product exclusively. Although Sam and the chain store neversigned a contract, Sam verbally told astore managerseveral months ago that he would ship 1,000 units.
Sam comes home from work one day and finds two letters in his mailbox. One is an eviction notice from his landlord, Quinn, telling him he has to be out of the apartment in 30 days because his barking device has been bothering the othertenants. It also states that Sam was not allowed to conduct a business from his apartment. Sam is angry because he specifically told Quinn that he was working on a new invention, and Quinn had wished him luck. The second letter is from the chain store, demanding that Sam deliverthe promised 1,000 units immediately.
Specifically, the following critical elements must be addressed:
A. Analyze the elements of this case to determinewhethera valid contract exists between Sam and the chain store. Support yourresponse by identifying the elements of avalid contract in youranalysis.
B. Assume there is not a valid contract between Sam and the chain store. Analyze the elements of a quasi-contract and a promissory estoppel to determine whetherthe chain store would prevail on aclaim of either. Why or why not? Include support foryouranalysis.
C. Identify the rights and obligations of both the landlord and tenant underastandard residential lease agreement.
D. Based upon those rights and obligations, does Sam's landlord have grounds to evict? Why or why not?
E. Further, what defenses might Sam raise to an eviction action? Support yourresponse.
Case Study Three
Jeb and Josh are lifelong friends. Jeb is awealthy wind-powertycoon, and Josh is an active outdoorenthusiast. They have decided to open asporting goods store, Arcadia Sports, using Jeb's considerable financialresources and Josh's extensive knowledgeof all things outdoors. In addition to selling sporting goods, the store will provide whitewaterrafting, rock-climbing, and camping excursions. Jeb will not participatein the day-to-day operations of the store orin the excursions.
Both Jeb and Josh have agreed to split the profits down the middle. On the first whitewaterrafting excursion, acustomernamed Jane falls off the raft and suffers asevere concussion and permanent damage to herspine. Meanwhile, Jeb's wind farms are shut down by government regulators, and he goes bankrupt, leaving extensive personal creditors looking to collect.
Specifically, the following critical elements must be addressed:
A. Identify the main types of business entities and discuss the advantages and disadvantages of each.
B. Recommend a specificbusiness entity for Arcadia Sports and include your reasoning.
C. Based on the characteristics of each type of business entity, determine the type underwhich Jeb and Josh would be personally liableto Jane for damages.
D. Based on each type of business entity, analyzethe ability of Jeb's personal creditors to seize the assets and/or profits of Arcadia Sports.
Milestone One: Case Study One
Milestones
In Module Three, you will submit the first milestone. Forthis milestone, you willreview Case Study One and compose ashort report, applying yourlegal knowledgeand understanding of the types of business organizations. Case Study One focuses on the legal system, criminallaw, and ethics. This milestonewill be graded with the Milestone One Rubric.
Milestone Two: Case Study Two
In Module Five, you will submit the second milestone. Forthis milestone, you will review Case Study Two and compose a short report, applying yourlegal knowledgeand understanding of the types of business organizations. Case Study Two concentrates on contracts and landlord-tenant law. This milestone will be graded with the Milestone Two Rubric.
Milestone Three: Case Study Three Discussion
In Module Six, you will submit the third milestone. This milestone is adiscussion regarding business entities and theiradvantages and disadvantages. Youractive participation in this discussion forum is essential to improving yourunderstanding of the advantages and disadvantages of the various business entities. Actively engaging with yourpeers will help you complete the remaining critical elements in the third case study foryourfinal submission. This milestonewill be graded with the Milestone Three Rubric.
Final Project Submission: Case Study Analyses
In Module Seven, you will submit yourfinal project. It should be acomplete, polished artifact containing all of the critical elements of the final product. It should reflect the incorporation of feedback gained throughout the course. This submission will be graded with the Final Project Rubric.
Final Project Rubric
Guidelines for Submission: Each of the three reports should be one to two pages in length. The documents should use doublespacing, 12-point Times New Roman font, and one-inch margins. Citations must be given in APA format.