Tort risks and liabilities assignment and reference material listed

 

Don't use plagiarized sources. Get Your Custom Essay on
Tort risks and liabilities assignment and reference material listed
Just from $5/Page
Order Essay

Purpose

The purpose of this project is to research, analyze and apply tort law, product liability law, jurisdiction, and contract law and their associated potential risks and liabilities in 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 in Week 3 and other weeks.

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

Background:  Things are moving quickly for the GC owners.  They are almost ready to open operations and finalize contract negotiations with EPI to purchase cleaning products.   EPI and GC have already agreed that GC:

(1) will  buy cleaning products exclusively from EPI for three years,

(2) will be permitted to resell those products to clients and other businesses, and

(3) may contract with certain businesses who buy cleaning products from GC to become Authorized Distributors (AD) for those GC products; ADs will be listed on GC’s website.

GC needs to draft a contract to reflect an agreement between GC and future ADs.  The contract will be complex, and GC is concerned about risks and liabilities created by AD relationships. 

In a meeting with TLG, GC owners stated they have heard about several recent lawsuits involving businesses and ADs.  Connor presented a “what if…” scenario that could create complicated liabilities arising from GC-AD agreements.

The “what if…” scenario follows. 

What-If…” scenario:  In contracts with ADs, GC includes an indemnification clause stating that the AD would cover claims by third parties harmed directly as a result of the ADs actions. 

A GC AD contracts to clean concrete floors in a commercial building in North Carolina using Floor-ex, a cleaning solution, purchased from GC (manufactured by EPI and sold to GC for resale distribution).

The AD’s employee spills a large tub of Floor-ex on the job site resulting in the following:

  • the building owner slips on the spill, is injured and misses 3 weeks of work;
  • the building owner hits a piece of equipment in the fall causing it to slide resulting in damage;
  • Floor-ex splashes on the wall, staining it and part of the wall must be replaced.

The building owner files a lawsuit against the AD and GC for negligence, as well as for product liability.  The building owner seeks compensation damages for:

  • medical expenses and economic loss from her injuries;
  • costs for repair to the building wall;
  • costs for repair to the damaged piece of equipment.

The GC owners ask TLG’s opinion about their liability if a situation like the “what-If…” scenario occurred with one of their ADs.  TLG’s response will influence the owners’ final decision about whether to use ADs in their new business.

Instructions

Winnie and Ralph asked you to discuss the  “what-If…” scenarios and analyze the related potential liabilities with an attorney TLG has on retainer.  Winnie and Ralph want you to then summarize the attorney’s analysis in a memorandum to them for further discussion with the GC owners.  

The memo should analyze and explain:

Part I. Green Clean

1.  The strengths of the plaintiff’s negligence claim against GC;

2.  Potential defenses, if any, GC could assert in the negligence claim;

3. The strengths of the plaintiff’s product liability claim against GC;

4. Jurisdiction issues if GC was sued in North Carolina.

Part II. Authorized Distributor

5. The strengths of the plaintiff’s negligence claim against AD;

6.  Potential defenses, if any, AD could assert in the negligence claim;

7.  The strengths of the plaintiff’s product liability claim against AD;

8.  Whether, if AD is found liable for negligence and for product liability, AD could sue GC to recover damages paid to the plaintiff?

Format

Label all parts.

Use correct, complete sentences, in paragraph format.

Use in-text citations and a Reference List in APA format.

Support and explain all conclusions.

Write an in-depth, comprehensive analysis.

Memorandum

To:              Winnie James, Ralph Anders

From:           (Your Name)

Date:

Re:               Liability Analysis

Part I.

1.

2.

3.

4.

Part II.

5.

6.

7.

8.

__________

Review the Project Memorandum

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

Proofread for spelling and grammatical issues. 

Use the spell and grammar check in Word.

Reference Material :

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

http://smallbusiness.findlaw.com/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

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

Order a unique copy of this paper
(550 words)

Approximate price: $22

Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

We are committed to making our customer experience enjoyable and that we are keen on creating conditions where our customers feel secured and respected in their interactions with us.
With our qualified expert team who are available 24/7, we ensure that all our customer needs and concerns are met..

Money Payback-back guarantee

Our refund policy allows you to get your money back when you are eligible for a refund. In such a case, we guarantee that you will be paid back to your credit card. Another alternative we offer you is saving this money with us as a credit. Instead of processing the money back, keeping it with us would be an easier way to pay for next the orders you place

Read more

Zero-plagiarism guarantee

All orders you place on our website are written from scratch. Our expert team ensures that they exercise professionalism, the laid down guidelines and ethical considerations which only allows crediting or acknowledging any information borrowed from scholarly sources by citing. In cases where plagiarism is confirmed, then the costumier to a full refund or a free paper revision depending on the customer’s request..

Read more

Free-revision policy

Quality is all our company is about and we make sure we hire the most qualified writers with outstanding academic qualifications in every field. To receive free revision the Company requires that the Customer provide the request within fourteen (14) days from the first completion date and within a period of thirty (30) days for dissertations.

Read more

Privacy policy

We understand that students are not allowed to seek help on their projects, papers and assignments from online writing services. We therefore strive to uphold the confidentiality that every student is entitled to. We will not share your personal information elsewhere. You are further guaranteed the full rights of originality and ownership for your paper once its finished.

Read more

Fair-cooperation guarantee

By placing an order with us, you agree to the service we provide. We will endear to do all that it takes to deliver a comprehensive paper as per your requirements. We also count on your cooperation to ensure that we deliver on this mandate.

Read more

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency