to research, analyze and apply tort law. 

Purpose- THIRD PERSON WRITING ONLY

The purpose of this project is to research, analyze and apply tort law.

This project requires you to identify and assess legal issues, apply law to facts and make recommendations.  The issues will relate to the concepts covered in weeks 1, 2, and 3 about the legal environment of business and business organizations.

You will also develop skills in developing a PowerPoint presentation, in writing a summary report and using critical thinking to write an in-depth comprehensive analysis.

 

Outcomes Met by Completing this Assignment:

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

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

NOTE:  All submitted work is to be your original work (only your work). You may not use any work from another student, the Internet or an online clearinghouse.  You are expected to understand the Academic Dishonesty and Plagiarism Policy, and know that it is your responsibility to learn about instructor and general academic expectations about proper citation of sources as specified in the APA Publication Manual, 6th Ed. You are held accountable for in-text citations and an associated reference list only.

 

Background:  GC has two primary concerns about tort risks and liabilities.  These are (1) risks related to potential accidents occurring in their public business space to employees and/or customers, and (2) risks related to cleaning jobs,

GC will be headquartered in commercial space in a local shopping center. This space will include private business offices, a public reception area, a conference meeting area, and space to which potential and existing clients will be invited to discuss cleaning jobs, buy cleaning products, and complete contracts for cleaning jobs.  The business space will be open to the public.  The shopping center in which GC will be headquartered is busy and heavily trafficked with shoppers.

 

Of greater concern are risks arising from accidents and injuries to cleaner-employees and /or clients related to cleaning jobs.

 

At the direction of your supervisors at TLG, you are tasked to develop a plan to identify potential risks and liabilities and recommend ways to minimize potential tort risks in (1) GC’s public store operations, and (2) on cleaning jobs.

GC owners will use the plan to refine policies and procedures to prevent and/or minimize liabilities for GC in its public facility and on cleaning jobs.

 

Instructions

For this project,  write a plan to be presented in a PowerPoint (PPT) presentation.

There is no set number of slides but include a title page and a reference page.

Please place all notes and explanations for EACH slide directly on slides in the PPT presentation – not in a separate document.  You likely will need more than one PPT slide for each point/idea/concept so that everything you want to say/include in the presentation will be contained in the PPT slides.

The plan focuses on potential tort liabilities (except do not discuss or include product liability in this project).

The Power Point presentation will:

1.  identify and describe several specific tort liabilities that GC could face in its public store facility operations;

A. develop and explain policies and/or procedures GC could implement to prevent or minimize each tort risk discussed in 1. above;

2.  identify and describe several specific tort liabilities that GC could face on cleaning jobs;

A. develop and explain policies and/or procedures GC could implement to prevent or minimize each tort risk discussed in 2. above;

 

You should use only assigned resources available in the classroom for the project.

If needed, please refer to the following links for tips on preparing a PPT presentation.

Creating a Power Point

http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf

Power Point for Beginners

http://www.readwritethink.org/files/resources/lesson_images/lesson1063/CreatingPowerPointSlide.pdf

Use in text citations, as needed.

Include a References List of cited resources

Label each part  of the Power Point as follows:

A.

B.

C.

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

http://scholar.flatworldknowledge.com/books/1679/preview

https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10-introduction-to-tort-law.html

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

various types of contract agreements relevant to their business.

Background:  Contracts are essential for business, and will be an integral part of GC operations, so the owners now want to focus on contract law.   Each of the owners has experience with contracts in their own businesses, and appreciate the probable risks and liabilities associated with contracts.

The GC owners know that there are various types of contract agreements relevant to their business.  For example, GC will have individual contracts with employees, independent contractors, and other agents who will represent the company.  Also, GC will engage in sales contracts with other businesses, and sales contracts between businesses and consumers and clients.  Furthermore, GC will use electronic contracts, or e-contracts, in conducting online business transactions.

To reduce risks and liabilities associated with contracts, the owners want all contracts to be written, with specific, complete, and clear terms.  Contracts must define rights and responsibilities of the parties.  Also, since employees and/or independent contractors will be performing cleaning services on clients’ properties, these contracts should consider bonding.

You, Winnie and Ralph presented draft contracts for several GC employees, including contracts for cleaners, office managers, marketing specialists, sales representatives, and IT employees.

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

Instructions:  At Winnie’s and Ralph’s request, it is your responsibility to research and provide answers to the GC owners’ questions.

The first questions relate to the GC cleaner-employee contract.

The cleaner-employee contract specifies the following terms and conditions:

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

training for cleaner-employee

length of contract

bonding for cleaner-employee

periodic performance evaluation and how it will be conducted

termination of contract, i.e., notice of termination, etc.

Research, evaluate, and respond to the owners’ questions about the contract terms below.

A.  duties to be performed by cleaner-employees

1.  What potential risks and liabilities could arise if the specific duties of cleaner-employees were not included in their contract with GC?  Explain.

B.  training for cleaner-employees

1.  What possible risks and liabilities could arise related to this contract term that designates specific and required training for GC cleaner-employees?

2.  Would the risks and liabilities be greater or less if GC did not train its cleaner-employees and hired only experienced cleaner-employees?  Why?

C.  bonding for cleaner-employees

1.  What possible risks and liabilities could arise for GC if cleaner-employees were not required, specifically in their contracts, to be bonded?  Explain.

 

Format Instructions:

Prepare responses to GC questions in a report, addressed to Winnie and Ralph, to be used in discussion with the Green Clean owners.

The report should address the questions in the Instructions above.  Follow the format below.

 

REPORT

TO:              Winnie James, Ralph Anders

FROM:         (your name)

DATE:

RE:              Green Clean Negligence Risks and Liabilities

 

A.

1.

B.

1.

2.

C.

1.

 

_____________________________

Write in correct, complete sentences in paragraph format.

Label all parts of assignment.

https://saylordotorg.github.io/text_business-law-and-the-legal-environment-v1.0-a/s11-introduction-to-contract-law.html

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

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

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

https://www.nolo.com/legal-encyclopedia/electronic-signatures-online-contracts-29495.html

Topic Identification & Bibliography Template

Literature Analysis: Topic Identification & Bibliography Template

(Use the following template for the completion of this assignment. Delete highlighted material and replace with your own material)

Proposed Topic: 

In one sentence tell the reader what you plan on researching.

Proposed Thesis Statement: 

Graduate writing cannot be “A” quality without a thesis statement. The thesis statement provides the destination of the paper. The topic/title of the paper will tell the reader which direction the essay is heading (N, S, E, or W) and a transition statement tells the reader the steps that will be taken to get to the destination. A strong conclusion cannot be written without a strong thesis statement. The thesis drives the conclusion. If you know beforehand what you are trying to accomplish, then in your conclusion you can tell if you have accomplished this goal or not.

Preliminary Bibliography (minimum of six sources in APA format):

Example:

Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st Century (11th ed.). Upper Saddle River, NY: Prentice Hall.

Annotated Bibliography

Summarize each article or text you are going to use in this paper (at least 6 sources need to be included in this portion of the assignment). Each summary needs to be about a paragraph in length. At the end of this annotated summary you will need to write a one paragraph summary regarding how these sources connect to the topic at hand and how you plan on using these sources to justify your conclusion.

prepare examples and explanations of these 3 areas of contract law.

The GC owners have questions and need clarification about several contract concepts and issues related to their new business.  Specifically, they have questions about:

• Statute of Frauds “writing requirement”

• Discharge of a contract

• Satisfaction of contract performance

Winne and Ralph have asked you to prepare examples and explanations of these 3 areas of contract law.

Instructions

To respond to the GC groups questions and concerns, create facts scenarios and explanations to discuss with the GC owners.

1.  Statute of Frauds – “writing” requirement

Background:  Generally, contracts for the sale of goods must be in writing, and the writing must be signed by the parties to the agreement,  and the parties must be sufficiently identified.  GC will be selling goods via the internet; the owners are wondering whether these electronic contracts are valid and enforceable.

Write a hypothetical facts scenario describing specific details of a valid, enforceable electronic contract between GC and Windows Bright, a small window washing business in Missouri.  The contract is for the sale of 3 cases of Shiny Lite window cleaning solution, at $200 per case, to Windows Bright, and sold by GC via the internet.

The scenario must explain how/why the Statute of Frauds requirement that contracts for sale of goods over $500 be in writing can be satisfied electronically.

2.  Discharge of a contract

Background:  There are several reasons for which a contract can be discharged before performance under the agreement.    Under common law and the UCC (Uniform Commercial Code, Section 2-615), a contract may possibly be discharged because of commercial impracticability when performance could be completed only with extreme difficulty, or at unreasonable expense, or would have little practical value.  Courts are relatively flexible on this matter.

Write a hypothetical facts scenario describing specific details of a contract between GC and a Barton Industries (a fictitious company), for which GC was to provide roof and floor cleaning in Barton’s large corporate office building each month for 3 months.  Write the scenario facts so that GC could reasonably argue that GC should be discharged from performing on the ground of commercial impracticability.

The scenario must explain how/why the contract might be discharged for commercial impracticability.

3.  Satisfaction of performance

Background:  Some businesses advertise, “Satisfaction guaranteed or your money back”.   A performance satisfaction clause in a contract can mean that one party does not have to pay or perform his or her duties under the contract unless fully satisfied with the other party’s performance.  Courts typically apply an objective, reasonable standard to resolve disputes arising from contracts with satisfaction clauses.

Would you advise GC to include a satisfaction clause on their contracts with cleaning clients?  Why or why not?  Fully explain and support conclusions.

Format Instructions

Create scenarios and explanations in paragraph format.

Number each section.

USE MATERIALS LISTED BELOW

https://saylordotorg.github.io/text_law-for-entrepreneurs/s16-form-and-meaning.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s18-01-discharge-of-contract-duties.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s19-03-legal-remedies-damages.html

Risk Management functions at Notre Dame at the time of the accident that claimed Declan Sullivan’s life.

Risk Management functions at Notre Dame at the time of the accident that claimed Declan Sullivan’s life.

Assume you were in charge of the Risk Management functions at Notre Dame at the time of the accident that claimed Declan Sullivan’s life.

a) What five (5) things would you have required to take place in order to reduce or eliminate the chances of the accident happening? b) Analyze each requirement/recommendation and tell me why you think it would have prevented the accident.

Be sure to: 1) use and define the legal words/phases that apply; 2) include a minimum of two [2] internet references; 3) properly cite and reference all sources using APA format

250-350 total

The Relevance of Business Environment

The case analysis should consist of the following three headings:

1. Overview/Summary

2. Opinion/Legal Analysis

3. Relevance to Business Environment

Find a recent lawsuit (something with sports if possible), legal news story, or article using an Internet or DUO library search

centering on a breach of contract case. News-feed websites such as MSN or CNN, or

search engines such as Yahoo or Google may be useful. Major publications such as the

New York Times, Wall Street Journal, etc are available through the Davenport library.

You may also use your hometown newspaper websites as a resource. To complete the

case analysis, you should research the assigned topic to provide a measure of

information about the topic’s significance to the current business environment.

The Overview/Summary section should thoroughly address the facts and background

of your chosen case or legal dispute and the legal issue (or law) in question.

The Opinion/Legal Analysis section should demonstrate your critical thinking and

analysis of the subject matter as it relates to the legal principles and concepts covered

in the textbook. You should provide a thorough explanation and discussion of the legal principles as they apply to the issue in question.

The Relevance to Business Environment section should discuss the topic’s

application to the current business climate and offer an insight-building summary,

recommendations, findings and conclusions. Feel free to draw on your own professional

experience as well.

Additionally, please address the following questions for the breach of contract case discussed above:

· Discuss which legal remedies that might be available in this case and why they are applicable here.

· Discuss whether there are any equitable remedies available in this case and why they are applicable here.

The assignment should be presented in APA format and be a minimum of 500 words (2

pages or more), pages to be double-spaced, typed in 12-point font. The point allocation

and grading parameters are outlined in the grading rubric for this activity.

How will you explain the difference between managing and leading, to set the stage to help Theresa and Mike focus on leading?

Primary Task Response: Within the Discussion Board area, write 400 words that respond to the following questions with your ideas, analysis, and comments supported with application of course learning materials. Be substantive and clear, and use examples to reinforce your ideas.

Note: All character and company names are fictional and are not intended to depict any actual person or business.

For assistance with your assignment, please use Beyond the Book, Web resources, and all course materials.

Read the UWEAR and PALEDENIM scenario found here. You will first meet with the CEOs of each organization, Theresa Tramlin and Mike Miller, to help them understand their important leadership roles for the success of the merger.

After reviewing the course materials for this week, prepare your recommendations for them regarding their approaches to leading the merger. The merger is a significant change for both organizations; there is growing anxiety and uncertainty among the employees of both organizations. The goal is to complete the merger in a way that maintains employee performance and allegiance to the merged organization. Both CEOs were promoted from managerial positions, so one of your tasks is to help them understand how to distinguish the two roles.

Issues to address include, but are not limited to, the following:

  • How will you explain the difference between managing and leading, to set the stage to help Theresa and Mike focus on leading?
  • What leadership approaches will be effective in leading the merger? Include at least 3 approaches, and explain in what circumstances those approaches should be used and why.
  • Consider the research findings by Kabacoff (1998) that, although men and women are perceived as equally effective in leading, women tend to focus more on production, attaining results, and people, while men tend to focus on strategic planning, organization vision, and business tasks. If this is the case in this situation for Theresa and Mike, what are the implications for their leadership during the merger?
  • Reflect on your own experience as a leader, if not professionally, then in the community or family. With which leadership approaches are you most comfortable? What are the implications for you if you were one of the leaders in this scenario?

Describe express purpose(s) of the agency agreement

Background:  GC owners recognize the importance of effective recruitment and hiring.  They feel competent recruiting and hiring new GC management and other employees but want to hire an expert to recruit and hire cleaning employees.

They agree to hire a recognized expert in this area, George Tacy, to act as GC’s agent in hiring cleaning employees.  The owners want to give full authority to George to direct every aspect of recruitment and hiring of cleaning employees, from the initial recruitment of applicants to the final hiring process.

The GC owners want to ensure that their agreement with George will include all important terms.  Thus, they asked TLG to draft details for several terms to be included in a final contract to reflect their agreement with George and the scope of his authority.

Instructions:   Winnie and Ralph direct you to draft several terms that should be included in the agency contract between George and GC.  You are NOT TO WRITE A COMPLETE CONTRACT, merely detailed descriptions for several important contract terms.

Write a description and details for each of the following agency contract terms to be included in a formal agency contract between George and GC.

1.  Purpose

Describe express purpose(s) of the agency agreement

2.  Scope of agency authority

Describe specific authority granted to George under the agreement for recruitment and hiring

3.  Time frame for the agency relationship/agreement

Describe beginning and ending of agency relationship using hypothetical dates

4.  Pay

Describe type of pay for George’s work (i.e., hourly, weekly, monthly, lump sum for the job, etc.), and amount of pay, and how often pay will be distributed

5.  Termination

Describe how agreement will be terminated

Add  any additional terms relevant and essential to the agreement.

DO not use a sample terms from the internet; it will not comply with the instructions and facts for this activity and will not meet the requirements for this learning activity.

PART TWO:

You and Winnie and Ralph are discussing GC’s plan to hire George Tacy as an agent for recruitment and hiring cleaning employees.  You all recognize some possible risks associated with agency agreements.

1.  What are some risks and liabilities that that GC could face that would be associated with the agency contract between GC and George Tacy?

https://saylordotorg.github.io/text_law-for-entrepreneurs/s23-relationships-between-principa.html

https://saylordotorg.github.io/text_law-for-entrepreneurs/s24-liability-of-principal-and-age.html

Explain what has been done with regard to mitigation, recovery, and/or response efforts within your community.

For the Unit II Case Study, you will focus on fires and fire prevention in your community, specifically structural fires and wildfires. Start by conducting research around your community/location for examples of mitigation and fire prevention, such as sprinkler systems, emergency fire exits, or fire hydrants. Take photographs of what you find so that you can show your professor what your area has done to address the issue of fires.

Using what you learned about your community and what you learned about past fires from this course, write a case study, a minimum of four pages in length, that addresses the following points:

  1. Explain what has been done with regard to mitigation, recovery, and/or response efforts within your community. When looking for potential threats, consider wildlands, explosions, or home fires, and, for mitigation, examples include building codes and fireproofing.
  2. Explain who conducted these efforts and the vulnerabilities they faced in their community, and include the role these individuals or groups play with mitigating, responding, and/or recovering from the risk.
  3. Examine the causes and recovery efforts of at least one past fire that either occurred in your community or that you have researched. Explain the causes and contributing factors of this fire.
  4. Examine the vulnerability in a larger context. Considering past fires, either in your community or surrounding areas, do you feel your community has done enough to prevent future fires? Why, or why not? What recommendations can you offer to your community to address future risks? 
  5. Consider vulnerability theory and use it to help you explain how your community may be vulnerable to fire, followed by systems theory to help you discuss the systems (organizations, policies, procedures, etc.) in place to mitigate the fire hazard.
  6. Your paper should be a minimum of four pages in length, not counting the title and reference pages. You are required to use a minimum of three outside sources as part of your case study. All sources, including the textbook, must be cited and referenced according to APA guidelines. 

Additionally, include at least four visual aids/images that support your content (one 4-by-4-inch image per page maximum). Please incorporate those into your paper in APA format

Valick, N. A., & Tracy, P. E. (2017). Case studies in disaster response and emergency management (2nd ed.). New York, NY: Routledge   is the textbook used, and used at least 3 other scholarly sources

As a clinical social worker, it is important to cultivate strength-based skills.

As a clinical social worker it is important to cultivate strength-based skills.

Assignment 2: Assessing Group Process 3

A large part of being a social worker is being able to see the strengths in any situation. This characteristic can be described as having a “half full” view on life. As a clinical social worker, it is important to cultivate strength-based skills.

By now, your group should have developed a plan in completing the Group Wiki Project. In your Assignment, reflect on your group’s process in establishing the group structure (effectiveness of communication), and contracting assignments as you have chosen the family intervention and developed the literature review.

Provide a 600-word paper.

Describe what you view to be the strengths and weaknesses of your group. What strategies can you implement to assist the group process? Implement one of these strategies and be prepared to reflect on your experience in Week 9.

Group Process Assignments should integrate course concepts related to group process. Assignments should demonstrate critical thought when applying course material to your group experience. Support ideas in your Assignment with APA citations from this week’s required resources

Must contain at least 4 references and citations from the following materials: