Label each Section and part of analysis as Section A 1. Section A 2. etc.
Analyses should becomprehensive fully supported/justified/explained specific and detailedin rationale (this is a most important requirement of this project)
Analyses should beparagraph format
Allin text citationsmust be in APA proper format
Each part should a minimum of 3-4 paragraphs and likely will be and should be longer to be adequately comprehensive.
Follow directions for assignment closely
Read the following case scenario and respond to analysis instructions at the end.
Fact Scenario: Clear n Brite Inc. (Clear) a commercial interior and exterior cleaning service business operated profitably for 10 years with no legal claims against it. Clear had always purchased its cleaning solutions and products from Green Glow Inc. (Green) a company that manufactures only chemical-free cleaning products. All products purchased are chemical-free cleaning products and supplies e.g. gloves masks etc.
Each of the Green products carries the following warning label:
Warning: Use only as directed and in a properly ventilated area. Use only the amount of product as directed on the product Directions for Use. Wear gloves when using this product to avoid possible skin irritation.
Do not ingest product internally. If ingested seek medical attention immediately.
Avoid contact with eyes to prevent irritation. If product contacts eyes wash with clear water and seek medical attention if irritation continues more than a few minutes or worsens.
For 6 months 3 client-companies operating in large office spaces reported to Clear that many employees were complaining of rashes headaches and/or nausea after Clear completed routine cleaning services using its usual Green cleaning products in the offices.
The symptoms of many employees worsened over the months; many needed medical treatment such as allergy medications and some missed work due to their symptoms.
Clear met with client representatives several times about the complaints but claimed that no products or cleaning procedures had changed during the 6 months that the products had never caused harm to consumers or users that the products were inspected and stored in the usual manner and that thus the employee problems had to be related to other causes.
US Office Services Inc. (US Office) one of the 3 client companies eventually sued Clear and Green under strict product liability for defective and negligent manufacture of the cleaning products and for failure to adequately warn of dangers of the cleaning products.
Clear and Green denied liability claiming that the products were not defective not dangerous that the product warning was sufficient and that Clear was protected by an exculpatory clause in its contract with US Office in which Clear waived liability for injuries to client-consumers.
The court ruled in favor of US Office and awarded damages.
Label each section Section A and Section B and label each part of each section i.e. 1. 2. 3. etc.
Section A.Assume you are the owner of Clear. You are preparing to meet with Clears attorney to discuss an appeal to the courts ruling. To help clarify your thoughts about the case prior to meeting with the attorney write a comprehensive summary analysis addressing each of the following topics (in 2-4 paragraphs each approximately):
1. why you agree/disagree with the appropriateness of the specific parties sued as consistent with product liability law
2. why you agree/disagree that the symptoms of the US Office workers support a valid claim that the Green products were defective
3. why you agree/disagree the Green product warning label is adequate
4. whether the exculpatory clause in Clears contract with US Office should affect the outcome of the lawsuit and if so how
Section B. Write an exculpatory clause to be included in all future contracts with clients that you believe is appropriate legal would protect Clear from certain liabilities and likely would be upheld by a court.
1. Write a 1-2 paragraph explanation of why you believe the exculpatory clause is likely to be upheld by a court. Be specific.
RESOURCES:Support all conclusions with legal concepts applicable law logical reasoning and in-text cites to relevant resources. You may use some outside resources but rely primarily on in-class assigned materials.
The following resources may not be used:
Any Wiki sites
Law firm or company/corporate newsletters or advertisements
Local or regional newspapers (MAJOR Metropolitan newspapers e.g. Wall Street Journal New York Times etc. may be used)
Instructor Notes or any Professor posted info in the classroom
Direct quotes from any resourcesmay notbe used and will result in point deductions. Paraphrase any attributions to outside resources.
Business periodicals e.g. Forbes The Economist Business Week law review articles academic articles in professional journals e.g. The Business Law Journal or business law journals published by law schools e.g. The Business Law Journal – Penn Law School etc. are appropriate and useful resources.
Business Law Project
This project requires you to identify and analyze legal issues and to make recommendations based on one or more fact patterns. The issues will relate to the concepts covered through week 6 and includes contract and agency law concepts.
Review the following case scenario and answer the questions following the scenario.
Scenario: Burt is a New York City resident and Senior Vice President for Marketing for Consultants, Inc. Amy is a 16-year old paid part-time intern for Consultants, assigned to the Marketing Department.
April 1, 2015, while Amy was working, Burt asked her to go to Tours, Inc. (Tours), a travel agency, and book a personal vacation trip for him in early June. He told Amy he wanted a 1-week, luxury all-inclusive (except air fare) vacation package at a 5-star hotel in Key West, FL. Burt told Amy he would book his own air reservations. He gave Amy a signed personal check made out to Tours, with the amount to be filled in by Amy for any necessary deposit, or, if required, for full payment. He also told Amy to sign any necessary agreements related to the vacation.
Amy went to Tours and met with Jan, a travel agent for Tours, who told Amy she had the perfect trip for Burt: an all-inclusive 7-day package vacation at the brand new oceanfront 5-star Key West Colony Hotel (Hotel) including meals, state of the art fitness facilities, round trip airfare from New York, and free airport shuttle service, at a total cost of $5000.
Amy agreed the trip was perfect for Burt and told Jan to make the reservations. Jan made reservations for Burt for June 1-June 8, 2015 at Hotel, and a round trip reservation from New York City to Key West on Transamerica Airlines for June 1, returning June 8. Amy filled in Burt’s check in the amount of $2500 to cover the required deposit and gave the check to Jan. Amy also signed the written agreement with Hotel on behalf of Burt, signing the agreement, “Amy Taylor as representative for Burt Basset.” The written agreement with Hotel outlined the details for the vacation package, including, in part:
“Cancellation Policy: cancellations prior to 30 days of first day of reservation date, fully refundable; cancellations prior to 15 days of first day of reservation date, 40% refundable; cancellations less than 7 days prior to first day of reservation date, nonrefundable…”
Amy returned to the office and gave Burt a copy of the agreement with Hotel, a receipt for his deposit check and brochures and information about the trip. Burt thanked Amy and told her he was “thrilled with all the arrangements” and looking forward to the trip.
Later that same day, Burt asked Amy to go to Jordon Department Store (Jordon) and purchase a 3-piece set of leather luggage for him to use for his vacation. Amy wrote down the brand, color, and model of the luggage Burt wanted; he had looked at the luggage previously and knew the details for the luggage. Burt knew the luggage set would cost $625 + tax so he gave Amy $700 in cash to pay for the luggage, and ask Jordon to deliver the luggage to his office.
Amy went to Jordon, purchased the exact luggage Burt wanted, paid $625.0O + $43.75 in tax for a total of $668.75. Amy took the sales receipt for the luggage, the cash change and confirmed Jordon would deliver the luggage to Burt’s office (a service Jordon extends to customers for purchases over $600.00) the next day.
Amy returned to the office, gave Burt the sales receipt for the luggage purchase and the change from the $700.00. The sales receipt stated, in part:
“Return Policy: This merchandise may be returned in new and unused condition for a full refund within 30 days of purchase. Unless determined to be defective, return of this merchandise in new and unused condition after 30 days of purchase will result in a store credit for the purchase amount. No cash, check or credit or debit card refunds will be given for returns after 30 days of purchase.”
Jordan delivered Burt’s luggage the next day to his office.
PART I: May 27, Burt sent written notice to Tours and Hotel that he was canceling his trip and reservations due to a personal matter and expected a full refund for his deposit. He included a stamped, self-addressed envelope for sending the refund to him. Tours and Hotel responded quickly, in writing, that under the terms of the contract, the deposit was non-refundable.
Burt hires you as his attorney to resolve this matter. He believes he has valid legal claims because he believes (1) the agency with Amy was invalid, (2)Tours had no authority to make reservations/contracts on his behalf, (3) his contract with Hotel is unenforceable.
Label your responses to the following as IA, IB, IC.
IA. What do you advise Burt about the validity of his agency agreement with Amy and why? Explain your rationale in detail.
IB. What do you advise Burt about Tours’ authority to make reservations/contracts on his behalf and why? Explain your rationale in detail.
IC. What do you advise Burt about his contract with Hotel and whether he can recover his deposit and why?
Label your responses to the following as IIA, IIB.
PART II: Burt attempted to return the set of luggage, still boxed and in new and unused condition, to Jordon for a full refund on May 28. Jordon offered to give Burt a store credit for the amount of the purchase of $625.00 + $43.75 tax. Burt took the luggage with him and asked you, as his attorney, to also handle this matter on his behalf.
Burt believes he has a valid legal claim to receive a full cash refund because he believes the sale is invalid as it was subject to the Statute of Frauds and required a formal written agreement between Jordon and him.
IIA. What do you advise Burt about whether the Statute of Frauds applies to this agreement between Jordon and Burt and why?
IIB. What do you advise Burt about whether the agreement between Jordan and Burt is a valid, enforceable sales agreement so that Burt should receive a full cash refund for the luggage – and why?
Project Format Requirements
Analyses should be comprehensive, fully supported/justified/explained, specific, and detailed in rationale (this is the most important requirement of this project).
Analyses should be paragraph format, double spaced in readable font, size 11 or 12.
Use a simple cover page.
Include an Introduction and Conclusion.
There is no length requirement for the paper, but it should be approximately 3 pages minimum (not counting cover page), in order to be sufficiently justified and in-depth.
All in-text citations must be in APA proper format.
Use only the classroom materials and texts to justify your analysis. No outside resources may be used.
Follow directions for the assignment closely. LABEL ALL PARTS OF YOUR ANALYSIS AS INDICATED IN THE PROJECT DESCRIPTION – failure to do so may result in 1-2 points deduction.
Submit to Assignment folder by deadline.
Book: Saylor: Business Law and the Legal Environment(week 6 cover chapter 38&39)
Advanced Business Law and the Legal Environment (2014). Washington, D.C.: The Saylor Foundation