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WEEK 1 REF:

Chapter 1: Introduction to Law and the Legal System

https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s04-introduction-to-law-and-legal-.html

Chapter 3: Courts and the Legal Process

https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06-courts-and-the-legal-process.html

Chapter 4: Constitutional Law and U.S. Commerce

https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s07-constitutional-law-and-us-comm.html

Civil v. Criminal Law

https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law

The U.S. Constitution

https://www.archives.gov/founding-docs/constitution

Police Powers of States

https://definitions.uslegal.com/p/police-powers/

Examples of Police Powers of States

https://biotech.law.lsu.edu/map/ThePolicePower.html

WEEK 2 REF:

Elements of Negligence Summary

https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html

Premises Liability

https://www.nolo.com/legal-encyclopedia/what-premises-liability.html

Maryland Workers' Compensation Law

https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html

TORT LAW

https://www.law.cornell.edu/wex/tort%E2%80%8E

Intentional Torts

https://www.law.cornell.edu/wex/intentional_tort

Negligence

https://www.law.cornell.edu/wex/negligence

WEEK 3 REF:

Introduction to Product Liability

https://leocontent.umgc.edu/content/umuc/tus/bmgt/bmgt380/2228/modules/m3-module-3/Instructor-Notes.html

Chapter 17 - Products Liability

https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability

Manufacturing Defect v. Design Defect

https://corporate.findlaw.com/litigation-disputes/product-liability-manufacturing-defects-vs-design-defects.html

Warranties and Product Liability

https://www.lawteacher.net/free-law-essays/contract-law/exploring-warranties-and-product-liability-contract-law-essay.php

Please only use the references listed below and cite correctly

Chapter 8 - Introduction to Contract Law

https://www.rocketlawyer.com/business-and-contracts/business-operations/product-or-service-sales/legal-guide/what-is-consideration

Chapter 9 - The Agreement

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s12-the-agreement.html

Chapter 10 - Real Assent

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s13-real-assent.html

Chapter 11- Consideration

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s14-consideration.html

Chapter 12 – Legality

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s15-legality.html

OFFER

https://contracts.uslegal.com/elements-of-a-contract/offer/

Acceptance (Agreement)

https://definitions.uslegal.com/a/agreement/

Consideration

https://www.rocketlawyer.com/business-and-contracts/business-operations/product-or-service-sales/legal-guide/what-is-consideration

Legality

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s15-legality.html

Elements of Negligence Summary

https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html

Premises Liability

https://www.nolo.com/legal-encyclopedia/what-premises-liability.html

Maryland Workers' Compensation Law

https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html

TORT LAW

https://www.law.cornell.edu/wex/tort%E2%80%8E

Intentional Torts

https://www.law.cornell.edu/wex/intentional_tort

Negligence

https://www.law.cornell.edu/wex/negligence

Strict Liability

https://www.law.cornell.edu/wex/strict_liability

Contributory and Comparative Negligence

https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/

Assumption of Risk

https://www.justia.com/injury/negligence-theory/assumption-of-risk/

PROJECT 1: NOTE USE PROVIDED REFERENCES FOR WEEK 1-3

Purpose: This project requires you to identify and assess legal issues, apply the law to the facts and make recommendations.  The issues relate to the concepts and assigned materials covered in weeks 1, 2, and 3.  

This project will guide you in preparing a PowerPoint presentation.

This project meets the following course outcomes:

· recommend appropriate actions in the business environment based on an understanding of sources of law, substantive legal concepts, legal process and procedure, and available remedies; and

· analyze tort rights, obligations, liabilities, and remedies in the business environment.

Background/Facts:  TLG is continuing to work with its new client, Viral Clean (Clean), a commercial cleaning company incorporated in Maryland, but doing business in all Mid-Atlantic states.  Clean's owners have primary concerns about negligence risks and liabilities related to potential accidents occurring in their public business space to employees and/or customers.

Clean is headquartered in commercial space in a local shopping center. This is a public space that includes private business offices, a public reception area, a conference meeting area, and space for potential and existing clients to meet to discuss cleaning jobs, buy cleaning products, and complete contracts for cleaning services.  The shopping center is busy and heavily trafficked with shoppers.

Winnie and Ralph request that you research and recommend a plan to identify potential negligence risks/liabilities and ways to minimize those potential negligence risks in Clean's public facility.  You will then make a PowerPoint supported presentation to the Clean owners. The Clean owners will use the plan to refine policies and procedures to prevent and/or minimize their liabilities. 

Instructions

Prepare a PowerPoint (PPT) presentation to:

(1) develop a plan to identify and explain potential negligence risks/liabilities, and 

(2) recommend ways to minimize those potential negligence risks in Clean's public facility.  

(3) The plan focuses on potential tort liabilities for negligence (do not discuss or include the tort of strict product liability in this project).

The PowerPoint presentation will be labeled in 2 parts:

There is no set number of PPT slides required, but it is important to be  complete and  comprehensive in the presentation.  

Use only the assigned resources available in the classroom for the project.

Formatting 

· An opening slide with your name, class name and number and date of submission

· An Introductory slide is always appropriate and appreciated

· A Summary or Conclusion slide is also appropriate

· The Speaker Notes on a final slide titled “Resources” should reflect the full APA citation of all resources. (Note: There should be an in-text citation in the Speaker Notes narrative wherever a supportive resource is referenced.)

· Using PowerPoint slides, create two (2) distinct parts of your presentation:

1.  Identify and explain two different specific situations that could create negligence risks/liabilities for Clean in its public facility. Explain why/how each situation creates possible negligence liability.  The analysis must show how each situation satisfies the negligence elements.  In addition, the analysis must identify and explain a different defense for each negligence risk situation.

· Part I.  Risks and Liabilities

A.  Negligence and Defense for Risk Situation 1

B.  Negligence and Defense for Risk Situation 2

2. Develop and explain policies and/or procedures Clean could implement to prevent or minimize the negligence risk/liability for each situation discussed in 1 above.

· Part II.  Policies and Procedures

1.  Policy/Procedure for Negligence Risk Situation 1

2.  Policy/Procedure for Negligence Risk Situation 2

Remember you are the “presenter” and, as such, you will be reading your Speaker Notes the same way you would a presentation paper. (The “narrative”, which is a clear, complete explanation of the content and points you are making, goes in the Speaker Notes). The Clean owners (audience) will be looking at the slides which should include  highlights and illustrations of your comments for that slide. The slide content should align with the narrative in the Speaker Notes.

· HINT: Many presenters will compose their presentation first, then divide it into the PowerPoint slide format by placing the narrative on the Speaker Notes area of each slide and using the slide itself to underscore important points.

· Alternatively, some presenters create an outline of their presentation, then paste elements of the outline onto the PowerPoint slides. They then compose the narrative in the Speaker Notes to describe and expound on the slide.

Business Law Learning Activity NOTE: Use course references

 Tips for Formatting and Structuring Analysis:

· Write in complete sentences in paragraph format.

· Use in-text citations citing to relevant assignment materials.     

· Double-space; 12-point Arial or Times Roman font.

· Introductory Sentence:  Begin with an introductory sentence or very brief paragraph that states your conclusion to the questions asked.  

· Concluding Sentence:  End the discussion with a concluding sentence or a very brief paragraph that summarizes your conclusion/what you discussed.

· Support Arguments and Positions:   Please refer to the module in Content, "How to Support Arguments and Positions". 

· Use the American Psychological Association (APA) citation format for all citations. 

Learning Activity:  due 11:59 pm ET, Saturday

Background:  Contracts are essential for business and will be an integral part of Viral Clean’s ("Clean") operations, so the owners now want to focus on contract law.   Each owner has experience with contracts in their businesses and appreciates the probable risks and liabilities associated with contracts.   They also know that contracts should be comprehensive, clear, and specific to avoid possible disputes with employees and clients.

The Clean owners know that there are various types of contract agreements relevant to their business.  Clean will have individual contracts with employees, independent contractors, and other agents representing the company.  Also, Clean will engage in sales contracts with other businesses, consumers, and clients. 

The owners want all contracts to be written to reduce disputes and risks and liabilities associated with contracts, with specific, complete, and unambiguous terms.  Contracts must define the rights and responsibilities of the parties.  Also, since employees and independent contractors will be performing cleaning services on clients' properties, these contracts should require  bonding for all employees.

You, Winnie, and Ralph presented draft contracts for Clean's employees, including different contracts for cleaners, office managers, marketing specialists, sales representatives, and IT employees. 

The Clean owners reviewed the drafts and have some questions about the contracts.

Background Facts You Need to Know:  At Winnie's and Ralph's request, it is your responsibility to research and provide answers to the Clean owners' questions. As an example, Winnie, Ralph, the Clean owners, and you have determined that Clean's contract with its cleaner- employees will include the following terms and conditions:

· specific duties to be performed by cleaner-employee

· salary for cleaner-employee

· work hours

· terms of payment for overtime or holiday work, if any

· sick leave

· vacation leave

· training requirements for cleaner-employee

· length of contract

· bonding for cleaner-employee 

· periodic performance evaluation and how it will be conducted

· termination of the contract, i.e., a notice of termination, etc. 

Instructions

This is an application-oriented Learning Activity.  You will not find verbatim answers anywhere.  Engage in critical thinking and review all this week's assigned readings in Overview.  You may also need to review previously assigned materials in weeks 2 and 3. 

Report You Need to Prepare:  To begin developing a contract between Clean and its cleaning clients, prepare a report that addresses the following  (note that this is for a contract with Clean's clients and not Clean's employees).

1. Identify three contract terms and conditions - other than price – that Clean would want to include.  The analysis must explain why these terms would be important to Clean.

2. Identify three contract terms and conditions - other than price – that Clean’s clients want to include.  The analysis must explain why these terms would be important to Clean’s clients.  These terms must differ from those identified for Clean in the first question.

 

Tips for Formatting Report: The report should use the following format

REPORT

TO:              Winnie James, Ralph Anders

FROM:         (your name)

DATE:

RE:              Terms of Contracts With Clients

 

Contract Terms and Conditions for Clean

1.

2.

3.

Contract Terms and Conditions for Clean

1.

2.

3.