1. Team assignment Activity:
a. CONTRACT DRAFTING PROJECT - A team presentation
b. TORTS PROJECT - A team presentation
We will set up the teams for this group assignment beforehand:
The Wahoo Team - Torts Team A - HH Team - Each assignment should have a minimum of at 2 citations/references
Be sure to refer to Multimedia Project and Oral Presentation Rubrics for these two team projects. I will give you further guidance about these projects once the course begins.
CONTRACT DRAFTING ASSIGNMENT (Team Project) should be no longer than 1 page.
For this activity, you will work in a team, represent an assigned client (either Wahoo or Almost Paradise), prepare an ideal contract, negotiate with another group, and submit a legally enforceable, agreed-upon contract.
Prepare one document and make copies for the other team to review and negotiate. For the activity, you will assume the facts below.
Almost Paradise is a family owned, rustic lodge. The grounds are private and secluded. The housing includes seven individual cabins and a 10-room, lodge-styled guest house.
They have done solid business for 10years, primarily advertising Almost Paradise as the perfect "romantic get-away." Recently, more competitors have located in the proximate area and business has slowed. Facing cashflow issues, Almost Paradise wants to create a marketing plan that will increase their exposure generally and broaden their appeal to families and outdoors enthusiasts.
Wahoo is a midsized company that specializes in drafting marketing plans for hotels, motels, and lodges. As part of their service they offer to provide overall consultation and create marketing plans rooted in print, television, radio, and the web.
Almost Paradise is interested in retaining Wahoo and securing their services for the next year. They have not found an alternative marketing company with which they are comfortable. Almost Paradise wants to do some intense marketing in the short term to drum up business for an upcoming busy-season.
They also want to work on some longer-term efforts that they can unveil afterwards. Almost Paradise wants to focus on web and television mediums primarily, with some secondary print ads. They also want to reach out to all of their past customers. Wahoo's business is somewhat slow right now and it is eager to secure the Almost Paradise contract.
Draft an ideal contract: As a team, before negotiations begin, draft a contract which you consider a realistic "ideal" for your side. Submit that contract to the other party and the instructor in class on the due date and explain why you chose to include the provisions that you did (either through marginal annotations or a written summary or orally in class). What advantages have you secured for your client?
Negotiate:In class, you will negotiate with the other team.The instructor will guide the format and how negotiations will begin. (One side can submit a proposal. Both sides can submit a proposal. Or you can try to negotiate it term-by-term.) When all parties are satisfied and an agreement has been reached, you can finalize the contract. Remember, it is crucial to both parties that some agreement be reached.
Reflect:Discuss in class: What was your overall goal upon entering the negotiations? What terms did you think were crucial to include? Was your team able to get them in the contract? Why or why not?
What challenges arose during negotiations and what tactics were employed to overcome them? Based upon the lessons learned from this exercise, what do you consider the keys to successful contract negotiation?
Overall, do you think that the final result was close enough to the "ideal" to satisfy your client?
TORTS PRESENTATION (Team Project) Please supply me with a min of 3 slides with titles and 3-5 bullets for each slide. You don't have to do a .ppt.
For this activity, you will prepare, as a team, a multi-media presentation (using PowerPoint or another comparable means) incorporating an understanding of tort law. Use APA format for citations.
Critical Thinking: Be sure to exploreall possible sides to the issuebefore presenting your final recommendation.
Note: As a point of reference, each member of the group should consider contacting an actual retail store to ascertain how they proceed under similar facts. The findings from that outreach should be documented.
TEAM A: A business security plan.
HH Team-HH Team - Each assignment should have a minimum of at 2 citations/references
Assume the facts below:
You are the manager of a large electronics retail store. Over the past two years, business has been brisk but, unfortunately, so has crime.
Shoplifting has become a real concern. For purposes of deterrence and principle, you want to take a strong stand against potential shoplifters by apprehending and interrogating suspects.
Using your knowledge of the intentional torts of assault, battery, intentional infliction of emotional distress, and false imprisonment, along with your knowledge of the "Shopkeeper's Privilege" (see N.J.S.A. 2C:20-11(e)),draft a detailed store policy that instructs employees how to effectuate your desire to detain suspected shoplifters without committing any torts.
The presentation should teach about the potential torts involved in a security policy and how they are implicated by your policy. Explain in detail how your plan, if effectuated properly, will meet the business objectives while reducing the chance of tort liability.
TEAM B: A parking lot security plan.
Assume the facts below:
The owner of the electronics store (the same one referred to in Part A), when made aware of the rise in crime in the city which your store is located stated: "We'll deal with the shoplifting problem internally, but there's nothing we can do about criminal activity in the parking lot. I don't have a duty to the patrons once they leave the store.
Plus, if something happens, it's the criminal who caused the problem, not our store." Rather than take this at face value, you decide to conduct research and provide the owner with a variety of perspectives regarding the legal and ethical issues involved. For purposes of this assignment, assume first that you own the parking lot, and then assume that the parking lot is owned by another party.