Assignment
Purpose
The purpose of this project is to research, analyze and applytort law, product liability law, agency 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 criticalthinking to create an in-depthcomprehensiveanalysis.
The project relates to the conceptscovered in weeks 1-7. You should refer to assignedmaterials in earlierweeks of the course, including Instructor.
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 movingquickly for the GC owners. They are almost ready to open operations. GC will be purchasing EPI products exclusively for use in GC cleaning services and will be resellingsome EPI products to the public. The GC owners have some final concerns about these sales contracts and about potential liabilities that couldarise from the use of EPI products.
Winnie and Ralph asked you to complete research and preparesomeinstructionalmaterials to present in a memorandum for discussion among Winnie, Ralph, the GC owners, and you at a meeting. You decide to createhypotheticalscenarios for analysis and later discussion at the meeting.
Instructions:
Part I. Use of EPI Products in GC Cleaning Services
Review the tort of product liability in week 3 Overview, Instructor Notes.
Review the scenariobelow and respond to the items following.
Scenario: GC contracted to clean the ABC Industries, Inc. (ABC) office building using EPI cleaning products. GC assigned several experienced GC employees to the job. While cleaning the office windows with EPI's Clear Light window cleaner, the cleaner left a sticky film on several of the windows. The cleaner was usedexactlyaccording to product directions. The sticky film could not be removedexcept by scraping which left permanent scratches on the windows. GC hadusedClear Light many times before with no damage or problems.
ABC expects GC to pay to replace the windows and sues GC to recovercosts of replacing the windows. Note: ABC sued only GC.
Analyze and discuss whether GC has any potential liability under product liability law for damage to the windows as described in the scenario:
Describe any possible product liabilityclaim(s) for which ABC couldsue GC and why/how the claim(s) couldapply to GC.
2-3 paragraphs minimum
Analyze and describe whether GC is likely to be found liable for the claim(s) identified in #1 above and why.
2-3 paragraphs minimum
Assume GC is found liable for the claim(s) identified in #1 above. Does GC have any recourse to sue EPI to recover the costs for paid to ABC to replace the windows and why.
1-2 paragraphs minimum
Part II. Agency
GC and EPI agreed that GC will purchase EPI products exclusively for use in GC cleaning services. EPI and GC have drafted a standard sales contract to represent their agreement. The contractterms for the sale of EPI cleaning products include:
GC agrees to purchase all its cleaning product needs for three years exclusively from EPI;
The price for the purchased products will remain the same for GC for the three year period;
EPI grantspermission to GC to resell any of the EPI-purchased products directly to customers, includingbusinesses, via the GC website and its public retail store;
GC will purchasecleaning products monthly that will be delivered via EPI trucks;
EPI and GC have agreed on the price, paymentterms, deliverydates and locations, etc. for delivery.
Scenario: GC has a large supply of EPI products in its storage warehouse for use in cleaning services and to resell to customers. GC sold two cases of Stain-Awaycarpetcleaning solution to Mark's CarpetCleaning, a soleproprietorship. At the time of purchase, Mark told GC he will use Stain-Away to clean carpets for his clients and would like to purchase more Stain-Away from GC in the future.
1. Analyze and explain whether the sale of Stain-Away to Mark, and Mark's use of the product for his clients, creates an agency relationship with GC and why or why not.
Format your assignment according to the following formatting requirements:
1. The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
2. The response also includes a cover page containing the title of the assignment, the student's name, the course title, and the date. The cover page is not included in the required page length.
3. Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.
Download:- Instructor-Notes.rar