Avoiding Potential Problems in the Business World

BUS 206 Milestone Two Guidelines and Rubric Overview: Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.

Prompt: Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on areas of law covered in this course. Case Study Two concentrates on contracts and landlord-tenant law.

Case Study Two: Sam Stevens lives in an apartment building where he has been working on his new invention, a machine that plays the sound of a barking dog to scare off potential intruders. A national chain store that sells safety products wants to sell Sam’s product exclusively. Although Sam and the chain store never signed a contract, Sam verbally told a store manager several months ago that he would ship 1,000 units. Sam comes home from work one day and finds two letters in his mailbox. One is an eviction notice from his landlord, Quinn, telling him he has to be out of the apartment in 30 days because his barking device has been bothering the other tenants. It also states that Sam was not allowed to conduct a business from his apartment. Sam is angry because he specifically told Quinn that he was working on a new invention, and Quinn had wished him luck. The second letter is from the chain store, demanding that Sam deliver the promised 1,000 units immediately. Specifically, the following critical elements must be addressed:

A. Analyze the elements of this case to determine whether a valid contract exists between Sam and the chain store. Support your response by identifying the elements of a valid contract in your analysis.

B. Assume there is not a valid contract between Sam and the chain store. Analyze the elements of a quasi-contract and a promissory estoppel to determine whether the chain store would prevail on a claim of either. Why or why not? Include support for your analysis.

C. Identify the rights and obligations of both the landlord and tenant under a standard residential lease agreement. D. Based upon those rights and obligations, does Sam’s landlord have grounds to evict? Why or why not? E. Further, what defenses might Sam raise to an eviction action? Support your response.

Guidelines for Submission: Your submission should be a one- to two-page Word document with double spacing, 12-point Times New Roman font, and one-inch margins. Citations should be formatted according to APA style. Instructor Feedback: This activity uses an integrated rubric in Blackboard. Students can view instructor feedback in the Grade Center. For more information, review these instructions.

http://snhu-media.snhu.edu/files/production_documentation/formatting/rubric_feedback_instructions_student.pdf
Rubric Critical Elements Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value

Case Study Two: Valid Contract

Meets “Proficient” criteria, and analysis is well qualified with concrete examples and is well supported and plausible

Analyzes the elements of the case to determine whether a valid contract exists between Sam and the chain store and supports response by identifying the elements of a valid contract

Analyzes the elements of the case to determine whether a valid contract exists between Sam and the chain store, but analysis is incorrect or does not support response by identifying the elements of a valid contract

Does not analyze the elements of the case to determine whether a valid contract exists between Sam and the chain store

18

Case Study Two: Quasi-Contract

Meets “Proficient” criteria and cites scholarly research to substantiate claims

Analyzes the elements of a quasi- contract and a promissory estoppel to determine whether the chain store would prevail on a claim of either, logically explains why or why not, and includes support for analysis

Analyzes the elements of a quasi- contract and a promissory estoppel to determine whether the chain store would prevail on a claim of either and explains why or why not, but the explanation is cursory and/or illogical or does not include support for analysis

Does not analyze the elements of a quasi-contract and a promissory estoppel to determine whether the chain store would prevail on a claim of either

18

Case Study Two: Rights and Obligations

Meets “Proficient” criteria and is accurate in effectively discussing nuanced rights and obligations in the relationship between the landlord and tenant

Correctly determines the rights and obligations of both the landlord and tenant under a standard residential lease agreement

Determines the rights and obligations of the landlord or the tenant under a standard residential lease agreement (but not both) or is incorrect in which rights and obligations apply

Does not determine the rights and obligations of both the landlord and tenant under a standard residential lease agreement

18

Case Study Two: Grounds to Evict

Meets “Proficient” criteria and provides a thorough, step-by-step analysis with specific supporting evidence applied to each element of the relevant legal test

Correctly determines whether Sam’s landlord has grounds to evict based upon the previously stated rights and obligations

Determines whether Sam’s landlord has grounds to evict but does not base determination on the previously stated rights and obligations or is incorrect in determination

Does not determine whether Sam’s landlord has grounds to evict

18

Case Study Two: Defenses

Meets “Proficient” criteria and cites scholarly research to substantiate determination

Accurately determines what defenses Sam might raise to an eviction action and effectively supports the response

Determines what defenses Sam might raise to an eviction action but is not accurate in determination or support is ineffective

Does not determine what defenses Sam might raise to an eviction action

18

Articulation of Response

Submission is free of errors related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy to read format

Submission has no major errors related to citations, grammar, spelling, syntax, or organization

Submission has major errors related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas

Submission has critical errors related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas

10

Earned Total 100%

BUS 206 Milestone Two Template

To simplify completing this milestone, use this template to help you write your essay. You may use each heading as a starter sentence and then discuss the legal issues presented in the case study using the following guide, if you choose. Be sure to explain and elaborate on how each term applies to the story. Be sure to incorporate the facts of the case into your explanation and analysis.

Remember that the document you submit should follow the formatting guidelines described in the Milestone Two Guidelines and Rubric document.

A. Various elements must be present to prove that a valid contract exists between Sam and the chain store.

· The four elements to a contract are _____________. (Chapter 13)

· The first element of _____________ would be deemed to exist if [describe facts that are or should be present].

· The second element of _____________ would be deemed to exist if [describe facts that are or should be present].

· The third element of _____________ would be deemed to exist if [describe facts that are or should be present].

· The fourth element of _____________ would be deemed to exist if [describe facts that are or should be present].

· If the elements of a contract did exist between these parties, there could still be some possible reasons why a contract might not be valid based on facts not present in the scenario. For example, if Sam was a minor at the time he made the agreement with the chain store, the contract would not be valid because _____________. List some other reasons and elaborate on why a contract might be invalid.

· Discuss and explain any other information you deem relevant to this answer.

(Chapters 13, 14, 15, and 16)

B. Even if there is not a valid legal contract between Sam and the chain store, there may still be a quasi-contract (Chapter 13) or elements of what is called a promissory estoppel. (Chapter 15)

· A quasi-contract is defined as_____________. In this case, a quasi-contract may exist if the following facts are true: _____________. (Chapter 13)

· A promissory estoppel is defined as _____________. This principle might apply to this case if _____________. (Chapters 13 and 16)

· Discuss and explain any other information you deem relevant to this answer.

C. The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under a standard residential lease agreement. (Chapters 13 and 50)

· Some facts that may support that Sam is in breach of that contract are _____________.

· Some facts that may support that Sam is not in breach of that contract are _____________. (Chapters 16, 17, and 50)

· Discuss and explain any other information you deem relevant to this answer.

D. Based upon those rights and obligations, Sam’s landlord has/does not have grounds to evict because _____________.

· Elaborate and explain.

E. Some defenses Sam might raise if his landlord tries to evict him include _____________ because_____________.

· Elaborate and explain for each reason offered. Discuss and explain any other information you deem relevant to this answer.

View this related post: A Fiduciary Relationship.

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