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Identify the primary area of law that is relevant and central to the scenario and explain that general area of law in detail (2-3 paragraphs minimum)

by | Nov 12, 2022 | Business and Management

 

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THIS IS A TWO PART ASSIGNMENT!
PART ONE
MUST INCLUDE INTRODUCTORY AND CONCLUSION PARAGRAPH
BACKGROUND FACTS
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 the pros and cons of each organizational structure are easily and compared in the chart.
2. Report You Need to Prepare: Write a report to Clean owners:
A. recommending a business structure for Clean that best minimizes tax and personal liability for the new business and its owners
B. explaining and justifying your recommendation, specifically and in detail.
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.
PART TWO
Background Facts/Information for Project
The owners of Viral Clean (Conner, Denise, Larisa, and Sam) are responsible for distinct functions of the business. Each owner has concerns about risks and liabilities related to her/his area of responsibility. A fact scenario is provided for each owner related to each owner’s respective responsibilities for the business. Each scenario is relevant to a specific area of law and presents precise legal issue/issues related to that specific area of law. Each scenario also involves risks, liabilities, and legal implications for the business. You are tasked with preparing a report for the owners addressing their concerns and providing a comprehensive, detailed analysis of the law and legal issues related to each owner’s area of responsibility for the business.
Conner Scenario:
Conner is responsible for sales of all products that Clean uses in its business and sells to clients and the public. Clean will be purchasing all its products from EPI. These products include PPE equipment and cleaning supplies. This could create issues under product liability law, but Conner trusts the integrity and professionalism of EPI. He is instead most concerned about the contracts for sale of these products to Clean customers. Most of these sales will be to other businesses. Conner knows from previously owning an athletic clothing business that mistakes and problems often arise with sale of goods contracts. Problems can include delivering a different product than the product purchased by a buyer, delivering damaged products, etc. Conner knows that these types of problems can be costly in time and money and result in loss of buyers and profit for Clean. Conner wants to avoid these problems for Clean.
Conner wants to understand the law that applies to sale of these products, the potential risks, rights, and liabilities of both Clean and its buyers in sales transactions.
Hint: There are potential product liability law implications for Clean’s resale of EPI products but this is not the primary area of law related to this scenario that you should focus on in this analysis,, so choose another area of law as the primary area to be analyzed. (Please note the facts in the scenario and the reference to product liability and it is OK to discuss product liability as a secondary area of law in your analysis.)
Denise Scenario:
Denise is responsible for human resources, including writing an employee handbook. She is in the process of writing the handbook section covering employees’ safety and workplace accidents and injuries. She knows from previous professional experience that accidents and injuries occur in the workplace for many reasons, such as coworkers’ or supervisors’ actions or lack of clear safety policies and procedures, etc. Denise also knows workplace accidents and injuries present potentially costly liabilities for Clean.
Denise wants to understand the law that applies to workplace safety, accidents, and injuries, and to understand Clean’s potential liabilities under the relevant law so that she can mitigate Clean’s risks and liabilities.
Hint: Workplace safety is governed in part by the government agency, OSHA (Occupational Safety and Health Administration), but should not be the primary focus of this analysis. OSHA could be relevant to the analysis as a related secondary focus and issue but the primary focus of the analysis should be on another area of law relevant to accidents and injuries and liabilities related to employees in the Clean workplace. It is OK to discuss OSHA and workplace safety as a secondary area of law in your analysis.
Larisa Scenario:
Larisa is responsible for managerial and executive talent acquisition. Clean plans to hire upper level managers and executives using three-year employment agreements. Larisa wants to ensure that the employment agreements are valid and enforceable.
She needs to understand such factors as what is required for valid, enforceable agreements, how a breach of these agreements might occur by Clean as the employer or by an employees, what potential risks and liabilities could exist under the agreements, and how to avoid the risks and liabilities, etc.
Sam Scenario:
Sam is responsible for government compliance for all products used in Clean’s cleaning services and sold to the public, as well as PPE equipment sold to purchasers in the healthcare industry and to individual consumers. It is Sam’s job to ensure all products sold comply with federal and state government regulations and guidelines.
Clean will potentially be selling cleaning products and PPE equipment throughout the U.S. and Sam is apprehensive that specific ingredients in cleaning products could be banned and/or guidelines for PPE equipment could change rapidly. This could result in certain of Clean’s products being banned in some states causing loss of clients and profits, and fines for Clean.
Sam wants to understand the law related to how and why states might have the right to ban certain product ingredients and certain products and understand how to avoid these potential losses.
Hint: If a product is banned from sale, clearly interstate commerce is affected but do not make this the primary focus of the discussion. It might logically be discussed as a secondary part of the analysis but the primary focus of the analysis is the law relevant to states’ rights in regulating product ingredients and actual products.
Instructions for Project
For each scenario, please do the following to complete the report:
Read the facts provided for each scenario.
1. Identify the primary area of law that is relevant and central to the scenario and explain that general area of law in detail (2-3 paragraphs minimum)
be specific and detailed so that any reader unfamiliar with law can understand the area of law central to the scenario facts
for example, if the area of law is negligence: define negligence + explain it in detail by explaining the 4 elements of negligence
2. Identify and describe the precise issue/issues in the scenario + explain how and why the issue is related to the specific area of law that is relevant and central to the scenario (2-3 paragraphs minimum)
be specific and detailed so that any reader unfamiliar with law can understand the issues you are explaining
explain the issue/issues within the context of the area of law that is relevant and central to the scenario
for example, if the area of law is UCC contract law, precise issues might be whether the elements of a valid contract are present and why, how a breach could occur, whether a contract has to be in writing, etc. and how the issues relate to the scenario and the primary area of law, etc.
3. Suggest at least three (3) recommendations that Clean should implement to minimize the risks and liabilities associated with the area of law that is relevant and central to the scenario AND to the specific legal issue/issues presented in the scenario (3 paragraphs minimum)
for example, if the central area of law is negligence, if the precise issue is whether X’s conduct of leaving a ladder in the workplace elevator where someone fell over the ladder and was injured constitutes negligence, then describe at least 3 things the business could do to minimize risks and liabilities arising from negligence and to prevent negligent actions such as X’s conduct
There will be one (1) single report with subheadings as demonstrated in the format Instructions below for each Clean employee, Conner, Denise, Larisa. and Sam, and the scenario for each Clean employee. Each subheading should include the following:
Format Instructions for Report:
LABEL EACH SUBHEADING AS LISTED IN BOLD BELOW
Report
TO: Winnie James, Ralph Anders
FROM: (your name)
RE: Clean risks and liabilities
Introduction: A brief introductory paragraph describing the purpose of the report
A. Conner
(1) Area of Law: describe primary area of law applicable to the scenario AND explain the area of law in detail so any reader can clearly understand it
(2) Issues: describe precise issue/issues in scenario + explain how and why the issue(s) relate to the primary area of law central to the scenario
(3) Recommendations: explain in detail 3 recommendations to minimize risks and liabilities associated with primary area of law central to the scenario AND explain how the recommendations will address and minimize the specific issue/issues presented in the scenario
B. Denise
(1) Area of Law: describe primary area of law applicable to the scenario AND explain the area of law in detail so any reader can clearly understand it
(2) Issues: describe precise issue/issues in scenario + explain how and why the issue(s) relate to the primary area of law central to the scenario
(3) Recommendations: explain in detail 3 recommendations to minimize risks and liabilities associated with primary area of law central to the scenario AND explain how the recommendations will address and minimize the specific issue/issues presented in the scenario
C. Larisa
(1) Area of Law: describe primary area of law applicable to the scenario AND explain the area of law in detail so any reader can clearly understand it
(2) Issues: describe precise issue/issues in scenario + explain how and why the issue(s) relate to the primary area of law central to the scenario
(3) Recommendations: explain in detail 3 recommendations to minimize risks and liabilities associated with primary area of law central to the scenario AND explain how the recommendations will address and minimize the specific issue/issues presented in the scenario
D. Sam
(1) Area of Law: describe primary area of law applicable to the scenario AND explain the area of law in detail so any reader can clearly understand it
(2) Issues: describe precise issue/issues in scenario + explain how and why the issue(s) relate to the primary area of law central to the scenario
(3) Recommendations: explain in detail 3 recommendations to minimize risks and liabilities associated with primary area of law central to the scenario AND explain how the recommendations will address and minimize the specific issue/issues presented in the scenario
Conclusion: A brief concluding paragraph
https://www.sba.gov/business-guide/launch-your-business/choose-business-structure
https://www.findlaw.com/smallbusiness/incorporation-and-legal-structures/types-of-partnerships.html
https://www.delawareinc.com/general-corporation/
https://www.incfile.com/limited-liability-company
https://saylordotorg.github.io/text_law-for-entrepreneurs/s23-relationships-between-principa.html

 

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