Assignment:
Business Forms and Governance
Purpose:
The legal form an entity or individual takes is a decision that must be considered from a risk and liability perspective, not simply one of ease of formation or its cost. Form can impact the entities ability to grow and, in some circumstances, its ability to survive. As you consider this reality and approach this assignment, consider not only the form the business takes but also the way that it will be governed. Remember that the law requires that business leaders conduct their business ethically and within the boundaries of the law.
Learning Team Assignment: Business Tort and Criminal Liability Presentation
Purpose:
Why do businesses enter into agency relationships and hire independent contractors instead of employees. Is it simply cost? Is it a question of liability, or is it a combination of the two? As you approach this week's assignment, consider these questions and think about how they impact risk and what factors in that business create the most risk for the employees and executives. Is it always the same?
Resources: Legal Environment of Business: Online Commerce, Business Ethics, and Global Issues:
Create a 10- to 12-slide Microsoft® PowerPoint® presentation, including detailed speaker notes (speaker notes not required for introduction, conclusion, and reference slides). The speaker notes for each slide should serve as the text for your presentation.
Address the following:
• Differentiate between the following Agency types: Express, Implied, Apparent and Ratification.
• Discuss what classifies a worker as an independent contractor.
• Discuss what classifies a worker as an employee
• Define the legal term "Respondeat Superior" and explain who it applies too (employees or independent contractors)
• Find a Case on Google Scholar https://scholar.google.com/ that uses the concept of "Respondeat Superior" and give its hyperlink and summarize what the facts where and the ultimate court holding was.
• Collaborate and identify five (5) intentional torts that businesses can be sued for and give an example for each with a hyperlink of a case or example dealing with a business being sued for each of these five (5) torts and briefly describe what happened in each case. You can use the internet to find these general cases or new reports.
• Is it fair to hold an employer liable for an employee's tort? Explain, why/why not.
Is it fair to hold an employer liable for an employee's criminal acts that are outside the scope of employment and not encouraged by the employer? Explain why/why not.
Cite a minimum of five scholarly references. One scholarly reference must be from the University Library.