NEED TUTORING FOR FINAL

WEEK 8 ACTIVITY REFERENCES

Choosing a Business Structure

https://www.sba.gov/business-guide/launch-your-business/choose-business-structure

Partnerships

https://www.findlaw.com/smallbusiness/incorporation-and-legal-structures/types-of-partnerships.html

General Corporation

https://www.delawareinc.com/general-corporation/

Limited Liability Company

https://bizee.com/limited-liability-company?redirect=fromIncfile

WEEK 8 ACTIVITY

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 Facts You Need To Know:  In addition the background facts set forth here, you must consider the facts set forth in the course introduction.

Connor, Denise, Larisa, and Sam recognize an essential early step in creating Viral Clean ('Clean") is to agree on a business organizational form and clarify the owners'  roles because each has different priorities, interests, and expectations about the business.

Businesses are created in one of several organizational structures or forms.  Choosing a business structure involves several factors, including which structure is most favorable for the company and its owners.  

The goal for Clean is to minimize legal risks and liabilities and tax liabilities for the owners and the business.  The owners understand a business organizational structure can achieve this goal and define their managerial roles and responsibilities clearly to satisfy their interests and maximize their areas of expertise.

Connor, Denise, Larisa, and Sam agree that weighing and balancing advantages and disadvantages for the company and its owners is the heart of the process of choosing a business structure.   The owners have met privately to discuss their decision.   They are now ready to meet with TLG for further analysis, negotiation, and a decision regarding the Clean business structure.

Instructions

To assist in this process, Winnie and Ralph asked you to assess several business structures and their characteristics, advantages, and disadvantages for Clean.  Those structures are:

· General Partnership

· Limited Partnership

· Limited Liability Partnership

· General Corporation

· Limited Liability Company

Evaluate and synthesize this information, and do the following two things: 

1.  Chart You Need to Prepare:  Create a  comparison matrix  showing the five types of business structures and comparing and contrasting each type of business structure.  

You may use the chart format in the hyperlink above, or create a similar chart, or create an excel chart.

The chart should include several areas for comparison, (e.g., the procedure for the formation, cost of formation, etc.).  The chart should consist of various types of liability for comparison.

The chart should be an in-depth and comprehensive comparison.

Ensure each organizational structure's pros and cons are easily compared in the chart.

2.  Report You Need to Prepare:  Write a report to Clean owners:

· A: Recommend a business structure for Clean that best minimizes tax and personal liability for the new business and its owners

· B: Explain and justify your recommendation, specifically and in detail.  Your analysis must consider the interest of each business owner noted in the "INTRO TO 380" module in Content.

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

Report

TO:                Winnie James, Ralph Anders

FROM:            (your name)   

RE:                  Clean Business Structure

DATE:       

1.

2.

Final Project - Project 2

USE REFERENCES ONLY

Purpose: The purpose of this project is to reflect on, analyze and apply tort law, agency and contract law, and their potential rights, risks, and liabilities in a business. The project requires you to identify and analyze legal issues and to make recommendations.

You will also develop skills in critical thinking to create an in-depth comprehensive analysis.

The project relates to the concepts covered in weeks 1-7.  You should refer to assigned materials in earlier weeks of the course.

This project relates to 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

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

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

Background:

The owners of Viral Clean (Conner, Denise, Larisa, and Sam) are responsible for different components of the business.  Each aspect has a legal implication.  Please prepare a report that discusses the law for each aspect.  For each aspect, the report must address the following:

· Identify the component that is central to each of the four scenarios and explain the relevant area of the law.  

· As a general matter, explain why understanding the area of the law helps Clean.

· Identify Clean’s rights and liabilities in the area of the law and make specific recommendations of how Clean can minimize its liabilities.

Conner:    

Conner is responsible for purchasing PPE and cleaning supplies from EPI.  Although Conner is a Clean owner, he also operates his own separate company.   His company sells outerwear and athletic clothing online.  While running his company, he had several instances where the manufacturer did not deliver the correct product to his company.  He also had cases where the clothing did not meet the contract specifications.  As a result, his company had shipping delays to the customers, and his company also shipped the wrong product to its customers.

Conner wants to avoid this situation for Clean.  However, if this should happen to Clean, Conner wants to understand Clean's rights as a purchaser from EPI and its liabilities as a reseller to customers.  Please address the law to help Conner understand Clean’s rights and liabilities.

Denise: 

Denise is responsible for human resources, risk-avoidance, and insurance for Clean.  Denise is preparing a workers’ handbook for Clean.  The handbook’s relevant sections cover job-related injuries to workers and Cleans’ customers.  The workbook explains the actions that must be taken when there are on-the-job injuries.  Clean’s workers include employees and independent contractors.

Please address the law to help Denise prepare the relevant sections of the workers’ handbook.

Larisa:   

Larisa is responsible for executive talent acquisition.  Clean will retain the executives using three-year employment agreements.  Larisa wants to ensure that the employment agreements are valid and enforceable.  The agreements must address the executives' duties and authority.

Larisa does not know what is required to ensure that the employment agreements are valid and enforceable.  She is also unsure of the law that cover’s the executives’ duties and authority. Please address the law that will assist Larisa.

Sam: 

Sam is responsible for government compliance and product development.  Sam ensures that all PPE and cleaning solutions meet the Center for Disease Control’s guidelines.  Sam also monitors the laws in the states where Clean’s PPE and cleaning solution are sold.  He ensures that the states are not planning to ban any of the cleaning solution’s ingredients.

Please address the law that will assist Sam when states plan to ban the cleaning solution’s ingredients.

Instructions

There will be 1 single report with subheadings for each Clean employee: Conner, Denise, Larisa. and Sam. Each subheading should include the following:

· Identify the component that is central to each of the four scenarios and explain the relevant area of the law. 

· As a general matter, explain why understanding the area of the law helps Clean.

· Identify Clean’s rights and liabilities in the area of the law and make specific recommendations of how Clean can minimize its liabilities.

No narrative minimum is provided. Be sure to cover each component thoroughly, demonstrating your understanding and application of the law.

 

Format

Report

TO:  Winnie James, Ralph Anders

FROM: (your name)

RE:      Clean risks and liabilities

 

A brief introduction of the purpose of the report

A.  Conner

(1)

(2)

(3)

B.  Denise

(1)

(2)

(3)

C. Larisa

(1)

(2)

(3)

D.  Sam

(1)

(2)

(3)

 ______________________

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 the purpose of this report.  

· 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.".  A References page may be added at the end of the report.

Review the Project Memorandum

Thoroughly read the project to ensure all required elements are present. 

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

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

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/

Chapter 8 - Introduction to Sales and Leases

https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s11-introduction-to-sales-and-leas.html

Chapter 9 - Title and Risk of Loss

https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s12-title-and-risk-of-loss.html

Chapter 10 - Performance and Remedies

https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s13-performance-and-remedies.html

Article 2 of the Uniform Commercial Code

https://www.law.cornell.edu/ucc/2

CISG: Guide for Business Managers and Attorneys in Applying CISG

https://iicl.law.pace.edu/cisg/page/guide-managers-and-counsel-applying-cisg#B.+What+is

Uniform Commercial Code (UCC)

https://www.uniformlaws.org/acts/ucc

Article 2 of the Uniform Commercial Code ("UCC")

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

Sale of Goods

https://www.legalmatch.com/law-library/article/when-does-the-ucc-not-apply-to-a-sale-of-goods.html