Final Project – Project 2 – 20%

Due SATURDAY of Week 8, 11:59 pm ET

• This course officially ends Tuesday, 11:59 pm ET, week 8.  The project can be accepted late until the official course ending on Tuesday, 11:59 pm ET,  as per the Late Policy posted in Content.  There is no grace period for submitting work beyond 11:59 pm ET, Tuesday, week 8.  

Submit to Assignment Folder.

Purpose: The purpose of this project is to reflect on, analyze and apply tort law, product liability law, agency and contract law, and their potential 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, including Instructor Notes.

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 Clean-N-Shine (“Clean”) owners are meeting with TLG in final consultations before Clean opens business operations.  The purpose of these final meetings is to identify the:

• areas of business law presenting the greatest potential risk and liabilities for Clean; and
• areas of business operations vulnerable to potential risks and liabilities for which Clean should seek legal counsel.

Winnie and Ralph have asked you to provide a report that presents your reflections and recommendations based on your research and analysis during the past seven weeks of TLG’s consultation with the Clean owners.   

Instructions

The report will have two (2) parts.  Each part is entirely separate from the other part.

Part I.  Risks and Liabilities

Analyze and discuss two (2) areas of business law that present the greatest potential risks and liabilities for the Clean business, from among these areas only:

• Negligence related to any business operations
• Negligence related specifically to premises liability
• Strict product liability related to the use of EPI products for Clean services for clients
• Strict product liability related specifically to Clean’s purchasing EPI products and reselling those EPI products to clients, consumers
• Contracts with employees
• Contracts for the sale of goods with cleaning clients
• Agency law and contracts with any Clean agents

For EACH of the two (2) areas of the law selected from the above list, do the following:    LABEL ALL PARTS

(1).  Provide a background explanation of the area of law, e.g., negligence, contracts for the sale of goods, etc. (be detailed and specific so any reader can understand the meaning of the specific area of law).  For example, if you choose Negligence as one area of law, explain its meaning, discuss elements of negligence, etc.  Needs to be at least 2-3 + paragraphs in length to adequately discuss in depth FOR EACH AREA OF LAW SELECTED from list above.

a.  discussion of first area of law selected

b.  discussion of second area of law selected

(2).  Analyze and explain the specific potential risks and liabilities presented by the first area of law selected in (1) above.  Discuss in detail why and how the first selected area of law creates risk of liability for Clean.  Needs to be a minimum of 2-3+ paragraphs to be sufficiently in depth and comprehensive.

(3).  Analyze and explain the specific potential risks and liabilities presented by the second area of law selected in (1) Above.  Discuss in detail why and how the second selected area of law creates risk of liability for Clean.  Needs to be a minimum of 2-3+ paragraphs to be sufficiently in depth and comprehensive.

(4).  Provide a specific example/scenario situation illustrating why and how the potential risks and liabilities could arise for Clean for the first area of law selected and discussed in (2) above.  Needs to be a minimum of 2-3+ paragraphs to be sufficiently in depth and comprehensive.

(5).  Provide a specific example/scenario situation illustrating why and how the potential risks and liabilities could arise for Clean for the second area of law selected and discussed in (3) above.  Needs to be a minimum of 2-3+ paragraphs to be sufficiently in depth and comprehensive.

Citations required: Remember to use in-text citations in the narrative for all reference works and full citations on a separate References page.

DO NOT USE DIRECT QUOTATIONS – summarize or paraphrase all information from resources; direct quotes, even if put in quotation marks, will result in point deduction on the APA usage section of the rubric

Label all parts, 1 a., 1b., 2,3,4,5.

Part II.  Legal Counsel

This section of the project is entirely different from Part I.   The analysis in Part II does not need to mirror the discussion of specific areas of law in Part I.  Discuss as many reasons and areas of law and business that are important for Clean to have advice of legal counsel. 

During the past eight weeks, we have discussed and emphasized the importance of the Clean owners seeking business advice from TLG and the importance of Clean –  and every business –  seeking legal counsel from an attorney for various aspects of business operations. 

In Part II, you are to reflect on your experience in consulting with the Clean owners, your research and analysis, and make the following recommendations.   Minimum of 3 + paragraphs in length.

A.  Evaluate and explain why you recommend that the Clean owners seek legal counsel with an attorney for any  – or all – aspects of its business operations, i.e., contract writing, procedures to protect against negligence risks, recruitment policies, etc. 

• Explain and support the rationale for your recommendation specifically, in detail and comprehensively, using examples, personal experience(s), citations to resources, etc. You may use substantive resources from the internet for this discussion, but do not use law firm websites
• Consider specific areas of business operations for which it is particularly important to seek legal counsel and include those in your discussion

Note:  There is no single correct answer; the detailed, specific rationale and support for your recommendation is most important.  

Some of the discussion in Part II is your personal opinion and may not be cited.  However, support and bolster your opinion with citations to resources as much as possible and certainly you must include a citation each time you do use information from a specific resource (i.e., from assigned course materials) to support your conclusions. 

DO NOT USE DIRECT QUOTATIONS – summarize or paraphrase all information from resources; direct quotes, even if put in quotation marks, will result in point deduction on the APA usage section of the rubric

Format

LABEL ALL PARTS OF REPORT AS INDICATED BELOW.  (This is part of the “following instructions” criterion on the rubric.)

Report

TO:  Winnie James, Ralph Anders

FROM: (your name)

RE:      Clean risks and liabilities

(1)

a.  ( discussion of first area of law selected )

b.  ( discussion of second area of law selected )

(2)

(3)

(4)

(5)

Part II.  Legal Counsel

A.

______________________

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”. 

Review the Project Memorandum

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

Review the grading rubric to ensure that you gain the most points possible for this assignment.

Proofread for spelling and grammatical issues. 

Use the spell and grammar check in Word.