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attachedFinal Project – Project 2 (20 points/20%) – due SATURDAY
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Instructions
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Purpose: The purpose of this project is to reflect on, analyze, and apply tort, 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, 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 procedures, 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 component of the business. Each component has a legal implication. Please prepare a report that discusses the law for each component. For each component, 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 workers’ safety and job-related injuries to workers and Clean’s customers. Clean workers include employees and independent contractors.
Please addresClean Risks and Liabities
Student’s Name
Institutional Affiliation 02/09/2022
1
Introduction
Professional cleaning companies are exposed to various levels of risks in their working environment.
Risks associated with slip-and-fall injuries and injuries from climbing or lifting objects or even poor handling of cleaning agents.
Occupational safety and health administration requires organizations to maintain clean and sanitary working environment for all employees (Government Regulation and the Legal Environment of Business, 2012).
2
Part 1
Negligence Risk situation 1 – Poor employee training
Training employees is basic and all employees should have all the relevant information to carry out organizational duties.
Clean is a commercial cleaning company using high-potency commercial-grade liquid as well as solid cleaning agents to ensure effective services are offered to customers (Said, 2021).
Proper training of employees is therefore critical. Employees should learn all the safety measures of handling equipment and cleaning agents. Proper disposal is also important to mitigate dangers to which the general public can be exposed (Said, 2021).
3
Cont.; Part 1
Negligence Risk situation 2- Inadequate security protocols
The cleaning company uses cleaning agents made of hazardous chemicals and should be properly stored (Gamkhitashvili, 2021).
Having an effective security protocol limits the number of people accessing the chemicals.
Lack of proper security protocol can lead to theft. Improper use of chemicals can be disastrous and can be used to cause damages by criminals. This will definitely be a negligence liability to the company (Gamkhitashvili, 2021).
4
Cont.; Part 1
Negligence Risk situation 3- Having poor methods of storage methods
Clean has its headquarters in the shopping center, meaning some of the cleaning agents will have to be stored by the company.
Storage should ensure that no leakage or spillage which can lead to the accumulation of hazardous cleaning agents in the shopping center. Proper storage is a good way of ensuring the hazardous cleaning agents kept do not harm a member of the public and the environment. This is a good way that Clean can use to avoid creating liability (Gamkhitashvili, 2021).
5
Part 2
Policy/procedure for negligence risk situation 1
Employee training programs
Clean should consider training all employees on industrial safety standards.
Employees upon recruitment should be trained for a period of three months to gain adequate knowledge on tools, equipment, and chemicals they will be working with (Gamkhitashvili, 2021).
Employees should understand the best practices and ways of disposing of the aforementioned agents. The training can be offered by contracted instructors who should test employees at the end of the training program to rate their levels of understanding (Gamkhitashvili, 2021).
6
Cont. ; Part 2
Policy/procedure for negligence risk situation 2
InstalOVERALL FEEDBACK
Excellent job on the Project. Your PowerPoint was professional, well laid out, and contained comprehensive speaker’s notes. I appreciate the care you took in providing the liabilities and plans for mitigation.
Great work.
Overall, I thought you did an excellent job. Your paper was well written, well sourced, and well researched. The only comment I wanted to make was for #1. The interstate commerce clause reserves the power to regulate commerce between states to the US Congress. This means state legislatures can NOT regulate commerce between their state and other states. I think you are confusing that with intrastate commerce – which is commerce exclusively within a state. In this instance, the state has the power to regulate commerce.
Great work on the assignment. Your analysis of product liability was sound and liabilities well explained.
Great work on your assignment. You provided some essential terms and conditions and did a nice job in explaining their importance. Well done!
Overall, you did a good job in your writing and analysis. Part A was well done. My only issue is Part B should have had some discussion on ESIGN, which we learned about this week in the material.
Overall, you did a pretty good job. Your analysis for #2 and #3 captured some of the rights and responsibilities for both parties. For #1, the contract was created after Clean made delivery of the goods. Meaning, Pro’s payment was required under the contract already created (Pro made the offer and Clean’s action constituted acceptance, payment was a term of this new contract). Also, I found a few capitalization errors in your in-text citations and you didn’t cite to the UCC correctly. Please keep an eye out for that.
Overall, nice work.
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