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BMGT 380:  Introduction to Business Law

This course is designed to enhance your understanding of various legal principles and issues that affect business practices and decisions and their application in business environments. The focus of the course is to identify and examine legal risks and liabilities in operating a business and explore how to minimize and resolve problems associated with risks and liabilities.

The BMGT 380 course comprises five (5) legal themes, including an overview of the legal system, business organizational structures, torts, product liability, contracts, and agency law.

_________________________________________________________________________ 

The BMGT 380 course focuses on the story of a company, The Largo Group (TLG), a business consulting and research company based in Maryland that advises and conducts research for potential owners considering startup businesses and for owners operating new companies.  You and your classmates will be active participants throughout the story, acting as consultant-employees of TLG assigned to complete consulting-related and/or research assignments and projects for TLG clients.

Your TLG assignments begin with an overview of the legal system, important background for business owners.  Other TLG assignments will concentrate on four (4) categories of business law principles that present significant risks and liabilities for startup businesses:

(1) tort law, including negligence, premises liability, and product liability,

(2) contract law, including the Uniform Commercial Code sales and e-contracts,

(3) agency law, and

(4) business organizational structures, sometimes called business forms.

Starting a new business requires extensive preparation, market research, and examination of the legal environment of business.  The success of startups and new companies requires identifying the nature and scope of legal risks and liabilities that affect business practices and decisions.  Exploring ways to prevent, minimize, and resolve risks and liabilities is also essential in forming and operating a business.

The primary focus for the 380 course and assignments for TLG clients will center on the question: 

How can a business owner identify and minimize legal risks and liabilities associated with operating a business?

____________________________________________________________

Background:  The Largo Group (TLG)

After graduating with a B.S. in Management, you have been working for TLG for three years as an assistant consultant for Winnie James and Ralph Anders, senior consultants who serve clients in various industries.   Your work involves interviewing and meeting with clients, conducting research, writing office memoranda, making recommendations for clients, meeting with Winnie, Ralph, and with attorney-consultants, and coordinating and/or leading discussions for TLG’s in-house professional development seminars for its consultants.

Background:  The Formation of Viral Clean

Connor, Denise, Larisa, and Sam are all successful business owners who are friends or professional acquaintances in the business community.  Connor is a Marine veteran that operates his own small company.  Denise has been the Vice-President and Director of Marketing for a Mid-Atlantic-based carpet cleaning company with franchises on the East Coast.   Larisa owns a mid-sized, successful residential remodeling business.   Sam owns a residential cleaning service business.  

The four recently attended a Chamber of Commerce presentation about businesses that clean and sanitize buildings to prevent the spread of the COVD-19 virus.  This spurred their interest, and they went to dinner following the Chamber event to discuss possible business opportunities. 

After several meetings, they decided to start a business together.  The business would focus on using the latest technology to clean and sanitize commercial and residential structures against dangerous viruses.  They also decided that the business would be a retail and wholesale distributor for cleaning and antiviral solutions and personal protective equipment.  They agreed to pursue the possibility of launching a Maryland-based business that they would like to name Viral Clean (“Clean”).  They are committed to operating the new business as an environmentally responsible company using only chemical-free cleaning products in the new business. 

The four met several times with a business consultant to analyze market trends and demands in the cleaning industry and confirm whether Clean would likely be a viable business. Because of the COVID-19 pandemic, the market analysis showed an increased demand and need for this type of business. Consequently, the group decided to move forward with their idea to establish and market Clean.

The group plans to purchase PPE and cleaning supplies from Environmental Pro, Inc. (EPI), a mid-sized manufacturer incorporated in a nearby state, that produces chemical-free, environmentally-friendly cleaning products.  The four are familiar with the corporation as each has purchased EPI products for their respective current businesses.   The four friends intend to resell certain EPI products directly to Clean clients.  The Clean group plans to market and advertise its services and resell EPI products through print, television, radio, internet, and social media.

Clean will be headquartered in a local shopping center.  Clean headquarters will include private business management offices, a reception area, and conference meeting and planning space. Potential and existing customers will be invited to discuss proposals to purchase cleaning products and services.  The business space will also be open to the public to acquire PPE, collect information, inquire about cleaning and sanitizing services, examine cleaning supply displays, and view photos and exhibits from ongoing and past commercial jobs.

The potential Cleaner owners recently attended a startup business seminar sponsored by the local chapter of the Small Business Administration.  Following the seminar, the owners began to define the nature and scope of the work necessary to prepare a plan for the startup business.  They realize this process requires time, thoughtful analysis, and clear guidelines.

They also recognize the need for professional business consultants, such as TLG, to guide their startup for Clean.  Consequently, the four have hired TLG to advise and guide them through the startup process for Clean.

Clean Owner Profiles:

Connor:    

Connor is a veteran of the United States Marine Corps.  Although he retired from the military, he operates his own business. 

He wants an initial 30%-40% interest in Clean but wants to limit his future capital commitment until he is confident the business is operating smoothly and profitably.  He does, however, want the option to acquire others’ interests if they die or leave the company for any reason.   He also wants to take out money from the business, in the form of salary, benefits, expenses, and/ dividends, as appropriate, as soon as Clean has a healthy net profit margin.

Connor is most concerned about liability. Although he trusts the other owners as “straight shooters” and successful business persons, he is uneasy about working with a group of investors with whom he has no previous business connections.  He wants to limit his liability in the business to no more than his capital contribution, and he prefers complete protection.  If possible, he wants Key Man Insurance for the owners to have protection if one owner can no longer contribute to the business for any reason.

Connor wants a managerial position so he can make decisions for day-to-day operations.  He believes he is the best person to run the business as he currently owns a maid service and understands how to run a successful cleaning service business.

Denise: 

Denise is a first-generation college graduate of Spelman College.  Denise’s parents raised her in Baltimore, MD.  However, both of her maternal grandparents were leaders in the Civil Rights Movement in Georgia in the 1960s. 

Although Denise will be a Clean business owner, she plans to retain her V.P. position with the carpet cleaning company.  Denise wants a 25% interest and prefers to minimize additional investments to protect her cash assets needed for her other businesses.  Her main goal is to realize a return on her investment as quickly as possible.

Denise wants to minimize her personal liability and protect her interests in the event of bankruptcy or the death of any of the other owners.

Denise wants to participate in long-term business decisions and major decisions about spending and organizational commitments. Still, she does not want to be involved in day-to-day business activities.  She favors hiring a general manager to run the business, preferably one with commercial cleaning experience.

Larisa:   

Larisa has an MBA from the Wharton Business School at the University of Pennsylvania.  Her family immigrated from Mexico in the 1980s.  Before leaving Mexico, Larisa’s parents owned a cleaning business in Mexico City. 

Larisa initially wants to invest up to 40% and is willing to invest another 5% because she knows startup businesses often need more capital.  She favors a larger, rather than a smaller, stake in the company.  She wants to take out as much money as possible from the business as soon as financially possible.

Larisa wants to minimize personal liability, as well as liability for the business.  She realizes the future of the industry is uncertain, and she wants maximum protection against all pitfalls.

Larisa wants to use her MBA.  Larisa, therefore, is willing to be involved in day-to-day business operations and has the time to do so because her other business is running smoothly with competent managers.  She wants to play a vital role in establishing the structure, business environment, and culture for Clean along with the other owners.   However, she believes that a skilled general manager with commercial cleaning experience would be optimal.

Sam: 

Sam is a recent graduate of Montgomery Community College.  In college, he majored in Operations Management and Business Analytics. 

Sam is willing to commit to an investment of 51% interest in Clean but is agreeable to a lesser interest. 

Sam wants to minimize his personal liability and prefers to limit it to his capital investment but is willing to negotiate.

With a maximum interest of 51%, Sam wants complete control over business operations; even with a lesser interest, he wants a strong managerial position.  Sam wants all owners with a minority interest to be silent in the day-to-day management of Clean.

Writing Introductory Sentences & Paragraphs

Introductions

The role of introductions:  introductory paragraphs and sentences

Introductions and conclusions can be the most difficult parts of papers to write. Usually when you sit down to respond to an assignment, you have at least some sense of what you want to say in the body of your paper. You might have chosen a few examples you want to use or have an idea that will help you answer the main question of your assignment; these sections, therefore, may not be as hard to write. And it’s fine to write them first! But in your final draft, these middle parts of the paper can’t just come out of thin air; they need to be introduced and concluded in a way that makes sense to your reader.

Your introduction and conclusion act as bridges that transport your readers from their own lives into the “place” of your analysis. If your readers pick up your paper about education in the autobiography of Frederick Douglass, for example, they need a transition from contemporary life to temporarily enter the world of nineteenth-century American slavery. By providing an introduction that helps your readers make a transition between their own world and the issues you will be writing about, you provide readers with the tools they need to get into your topic and care about what you are saying. Similarly, once you’ve hooked your readers with the introduction and offered evidence to prove your thesis, your conclusion can provide a bridge to help your readers make the transition back to their daily lives.

Why bother writing a good introduction?

The introduction of a paper will provide your readers with their initial impressions of your argument, your writing style, and the overall quality of your work.   A concise, engaging, and well-written introduction will start your readers off thinking highly of you, your analytical skills, your writing, and your paper.

Your introduction is an important road map for the rest of your paper and conveys a lot of information to your readers. You let them know what your topic is, why it is important, and how you plan to proceed with your discussion. In many academic disciplines, your introduction should contain a thesis that will assert your main argument. Your introduction should also give the reader a sense of the kinds of information you will use to make that argument and the general organization of the paragraphs and pages that will follow. After reading your introduction, your readers should not have any major surprises in store when they read the main body of your paper.

Ideally, your introduction will make your readers want to read your paper. The introduction should capture your readers’ interest, making them want to read the rest of your paper.

Strategies for writing an effective introduction

Start by thinking about the question (or questions) you are trying to answer. Your entire paper will be a response to this question, and your introduction is the first step toward that end. Your direct answer to the assigned question will be your thesis or position, and your thesis will likely be included in your introduction, so it is a good idea to use the question as a jumping off point. Imagine that you are assigned the following question:

One strategy for writing an introduction is to start off with a “big picture“ sentence or two and then focus in on the details of your position.  Decide how general or broad your opening should be. Keep in mind that even a “big picture” opening needs to be clearly related to your topic; an opening sentence that said “Human beings, more than any other creatures on earth, are capable of learning” would be too broad for our sample assignment about slavery and education. If you have ever used Google Maps or similar programs, that experience can provide a helpful way of thinking about how broad your opening should be. The question you are asking determines how “broad” your view should be. When writing, you need to place your ideas in context—but that context doesn’t generally have to be as big as the whole galaxy!

Try writing your introduction last. You may think that you must write your introduction first, but that isn’t necessarily true, and it isn’t always the most effective way to craft a good introduction. You may find that you don’t know precisely what you are going to argue at the beginning of the writing process. It is perfectly fine to start out thinking that you want to argue a specific point but wind up arguing something slightly or even dramatically different by the time you’ve written most of the paper.

The writing process can be an important way to organize your ideas, think through complicated issues, refine your thoughts, and develop a sophisticated argument. However, an introduction written at the beginning of that discovery process will not necessarily reflect what you wind up with at the end. You will need to revise your paper to make sure that the introduction, all the supporting evidence, and the conclusion reflect position you intend. Sometimes it’s easiest to just write up the supporting evidence first and then write the introduction last—that way you can be sure that the introduction will match the body of the paper.

Don’t be afraid to write a tentative introduction first and then change it later. Some people find that they need to write a tentative introduction in order to get the writing process started. That’s fine, but if you are one of those people, be sure to return to your initial introduction later and rewrite if necessary.

How to evaluate your introduction draft

Ask a friend to read your introduction and then tell you what he or she expects the paper will discuss, what kinds of evidence the paper will use, and what the tone of the paper will be. If your friend is able to predict the rest of your paper accurately, you probably have a good introduction.

Five kinds of less effective introductions

1. The placeholder introduction. When you don’t have much to say on a given topic, it is easy to create this kind of introduction. Essentially, this kind of weaker introduction contains several sentences that are vague and don’t really say much. They exist just to take up the “introduction space” in your paper. 

Example: Slavery was one of the greatest tragedies in American history. There were many different aspects of slavery. Each created different kinds of problems for enslaved people.

2. The restated question introduction. Restating the question can sometimes be an effective strategy, but it can be easy to stop at JUST restating the question instead of offering a more specific, interesting introduction to your paper. 

Example: The Narrative of the Life of Frederick Douglass discusses the relationship between education and slavery in 19th century America, showing how white control of education reinforced slavery and how Douglass and other enslaved African Americans viewed education while they endured. Moreover, the book discusses the role that education played in the acquisition of freedom. Education was a major force for social change with regard to slavery.

3. The Webster’s Dictionary introduction. This introduction begins by giving the dictionary definition of one or more of the words in the assigned question. If it is important to begin with a definition of a relevant term, it may be far more interesting for you (and your reader) if you develop your own definition of the term in the specific context of your class and assignment. You may also be able to use a definition from one of the sources you’ve been reading for class. Also recognize that the dictionary is also not a particularly authoritative work—it doesn’t take into account the context of your course and doesn’t offer particularly detailed information.  

Example: Webster’s dictionary defines slavery as “the state of being a slave,” as “the practice of owning slaves,” and as “a condition of hard work and subjection.”

4. The “dawn of man” introduction. This kind of introduction generally makes broad, sweeping statements about the relevance of this topic since the beginning of time, throughout the world, etc. It is usually very general (similar to the placeholder introduction) and fails to connect to the thesis. It may employ cliches—the phrases “the dawn of man” and “throughout human history” are examples, and it’s hard to imagine a time when starting with one of these would work. 

Example: Since the dawn of man, slavery has been a problem in human history.

5. The book report introduction. This introduction is what you had to do for your elementary school book reports. It gives the name and author of the book you are writing about, tells what the book is about, and offers other basic facts about the book.  It is ineffective because it offers details that your reader probably already knows and that are irrelevant to the thesis.

Example: Frederick Douglass wrote his autobiography, Narrative of the Life of Frederick Douglass, An American Slave, in the 1840s. It was published in 1986 by Penguin Books. In it, he tells the story of his life.

Writing an effective introduction can be tough. Try playing around with several different options and choose the one that ends up sounding best to you!

Writing Concluding Paragraphs

Writing Conclusions

Introductions and conclusions can be difficult to write, but they’re worth investing time in. They can have a significant influence on a reader’s experience of your paper.

Just as your introduction acts as a bridge that transports your readers from their own lives into the “place” of your analysis, your conclusion can provide a bridge to help your readers make the transition back to their daily lives. Such a conclusion will help them see why all your analysis and information should matter to them after they put the paper down.

The conclusion allows you to have the final say on the issues you have raised in your paper, to synthesize your thoughts, to demonstrate the importance of your ideas, and to propel your reader to a new view of the subject. It is also your opportunity to make a good final impression and to end on a positive note.

Your conclusion can go beyond the confines of the assignment. The conclusion pushes beyond the boundaries of the prompt and allows you to consider broader issues, make new connections, and elaborate on the significance of your findings.

Your conclusion should make your readers glad they read your paper. Your conclusion gives your reader something to take away that will help them see things differently or appreciate your topic in personally relevant ways. It can suggest broader implications that will not only interest your reader, but also enrich your reader’s life in some way. It is your gift to the reader.

Strategies for writing an effective conclusion

One or more of the following strategies may help you write an effective conclusion:

· Play the “So What” Game. If you’re stuck and feel like your conclusion isn’t saying anything new or interesting, read each statement from your conclusion, and ask, “So what?” or “Why should anybody care?” Then ponder that question and answer it.

Here’s how it might go: You ask: Basically, I’m just saying that education was important to Douglass. So what? Your answer: Well, it was important because it was a key to him feeling like a free and equal citizen.  You ask:   Why should anybody care? Your answer: That’s important because plantation owners tried to keep slaves from being educated so that they could maintain control. When Douglass obtained an education, he undermined that control personally.  

Return to the theme or themes in the introduction. This strategy brings the reader full circle. For example, if you begin by describing a scenario, you can end with the same scenario as proof that your essay is helpful in creating a new understanding. You may also refer to the introductory paragraph by using key words or parallel concepts and images that you also used in the introduction.

· Synthesize, don’t summarize. Include a brief summary of the paper’s main points, but don’t simply repeat things that were in your paper. Instead, show your reader how the points you made and the support and examples you used fit together. Pull it all together.

· Include a provocative insight or quotation from the research or reading you did for your paper.

· Propose a course of action, a solution to an issue, or questions for further study. This can redirect your reader’s thought process and help her to apply your info and ideas to her own life or to see the broader implications.

· Point to broader implications. For example, if your paper examines the Greensboro sit-ins or another event in the Civil Rights Movement, you could point out its impact on the Civil Rights Movement as a whole. A paper about the style of writer Virginia Woolf could point to her influence on other writers or on later feminists.

Strategies to avoid

· Beginning with an unnecessary, overused phrase such as “in conclusion,” “in summary,” or “in closing.” Although these phrases can work in speeches, they come across as wooden and trite in writing.

· Stating the thesis for the very first time in the conclusion.

· Introducing a new idea or subtopic in your conclusion.

· Ending with a rephrased thesis statement without any substantive changes.

· Making sentimental, emotional appeals that are out of character with the rest of an analytical paper.

· Including evidence (quotations, statistics, etc.) that should be in the body of the paper.

Four kinds of ineffective conclusions

· The “That’s My Story and I’m Sticking to It” Conclusion. This conclusion just restates the thesis and is usually painfully short. It does not push the ideas forward.  Example: In conclusion, Frederick Douglass was, as we have seen, a pioneer in American education, proving that education was a major force for social change with regard to slavery.

· The “Sherlock Holmes” Conclusion. Sometimes writers will state the thesis for the very first time in the conclusion. You might be tempted to use this strategy if you don’t want to give everything away too early in your paper. You may think it would be more dramatic to keep the reader in the dark until the end and then “wow” him with your main idea, as in a Sherlock Holmes mystery. The reader, however, does not expect a mystery, but an analytical discussion of your topic in an academic style, with the main argument (thesis) stated up front. Example: (After a paper that lists numerous incidents from the book but never says what these incidents reveal about Douglass and his views on education): So, as the evidence above demonstrates, Douglass saw education as a way to undermine the slaveholders’ power and also an important step toward freedom.

· The “America the Beautiful”/”I Am Woman”/”We Shall Overcome” Conclusion. This kind of conclusion usually draws on emotion to make its appeal, but while this emotion and even sentimentality may be very heartfelt, it is usually out of character with the rest of an analytical paper. A more sophisticated commentary, rather than emotional praise, would be a more fitting tribute to the topic. Example: Because of the efforts of fine Americans like Frederick Douglass, countless others have seen the shining beacon of light that is education. His example was a torch that lit the way for others. Frederick Douglass was truly an American hero.

· The “Grab Bag” Conclusion. This kind of conclusion includes extra information that the writer found or thought of but couldn’t integrate into the main paper. You may find it hard to leave out details that you discovered after hours of research and thought, but adding random facts and bits of evidence at the end of an otherwise-well-organized essay can just create confusion. Example: In addition to being an educational pioneer, Frederick Douglass provides an interesting case study for masculinity in the American South. He also offers historians an interesting glimpse into slave resistance when he confronts Covey, the overseer. His relationships with female relatives reveal the importance of family in the slave community.

How to Support Arguments & Positions

Supporting positions and conclusions

Introduction

Many papers that you write in college will require you to take a position or make a conclusion. You must take a position on the subject you are discussing and support that position with supporting evidence. It’s important that you use the right kind of support, that you use it effectively, and that you have an appropriate amount of it.

If your professor has told you that you need more analysis, suggested that you’re “just listing” points or giving a “laundry list,” or asked you how certain points are related to your argument, it may mean that you can do more to fully incorporate your supporting evidence into your argument. Grading feedback comments like “for example?,” “proof?,” “go deeper,” or “expand” suggest that you may need more evidence.

What are primary and secondary sources?

Distinguish between primary and secondary sources of evidence (in this case, “primary” means “first” or “original,” not “most important”). Primary sources include original documents, photographs, interviews, and so forth. Secondary sources present information that has already been processed or interpreted by someone else.

For example, if you are writing a paper about the movie “The Matrix,” the movie itself, an interview with the director, and production photos could serve as primary sources of evidence. A movie review from a magazine or a collection of essays about the film would be secondary sources. Depending on the context, the same item could be either a primary or a secondary source: if I am writing about people’s relationships with animals, a collection of stories about animals might be a secondary source; if I am writing about how editors gather diverse stories into collections, the same book might now function as a primary source.

Where can I find evidence?

The best source for supporting evidence is the assigned resources for each week in the classroom.  Do not use outside resources unless instructed to do so by your professor. 

Other outside sources of information and tips about how to use them in gathering supporting evidence are listed below.

Print and electronic sources

Books, journals, websites, newspapers, magazines, and documentary films are some of the most common sources of evidence for academic writing.

Interviews

An interview is a good way to collect information that you can’t find through any other type of research and can provide an expert’s opinion, biographical or first-hand experiences, and suggestions for further research.  Consult with your professor before conducting interviews or using interviews in support of positions.

Personal or professional experience

Using your own personal or professional experiences can be a powerful way to appeal to your readers. You should, however, use these experiences only when it is appropriate to your topic, your writing goals, and your audience. Personal or professional experience should not be the  only forms of supporting evidence in a paper.

Using evidence in an argument

Does evidence speak for itself?

Absolutely not. After you introduce supporting evidence into your writing, you must explain why and how this evidence supports your position.   You have to explain the significance of the supporting evidence and its function in your paper. What turns a fact or piece of information into supporting evidence is the connection it has with a larger claim or argument: evidence is always evidence for or against something, and you have to make that link clear.

As writers, we sometimes assume that our readers already know what we are talking about; we may be wary of elaborating too much because we think the point is obvious. But readers can’t read our minds: although they may be familiar with many of the ideas we are discussing, they don’t know what we are trying to do with those ideas unless we indicate it through explanations, organization, transitions, and so forth. Try to spell out the connections that you were making in your mind when you chose your evidence, decided where to place it in your paper, and drew conclusions based on it. Remember, you can always cut prose from your paper later if you decide that you are stating the obvious.

Always write as if the reader knows absolutely nothing about the topic.

Here are some questions you can ask yourself about a specific bit of supporting evidence:

· OK, I’ve just stated this point, but so what? Why is it interesting? Why should anyone care?

· What does this information imply?

· What are the consequences of thinking this way or looking at a problem this way?

· I’ve just described what something is like or how I see it, but why is it like that?

· I’ve just said that something happens—so how does it happen? How does it come to be the way it is?

· Why is this information important? Why does it matter?

· How is this idea related to my thesis? What connections exist between them? Does it support my thesis? If so, how does it do that?

· Can I give an example to illustrate this point?

Answering these questions may help you explain how your evidence is related to your overall argument.

How can I incorporate evidence into my paper?

There are many ways to present supporting evidence. Often, your evidence will be included as text in the body of your paper, as a paraphrase, or summary. Sometimes you might include graphs, charts, or tables; excerpts from an interview; or photographs or illustrations with accompanying captions.

Quotations

DO NOT USE quotations in assignments in this course.  The only exception is if you are referring to an original, one-of-kind document, such as the U.S. Constitution.

Paraphrasing

When you paraphrase, you take a specific section of a text and put it into your own words. Putting it into your own words doesn’t mean just changing or rearranging a few of the author’s words: to paraphrase well and avoid plagiarism, try setting your source aside and restating the sentence or paragraph you have just read, as though you were describing it to another person. Paraphrasing is different than summary because a paraphrase focuses on a specific, brief bit of text (like a phrase, sentence, or paragraph). You’ll need to indicate when you are paraphrasing someone else’s text by citing your source correctly, just as you would with a quotation.  Refer to the module in Content, “How to Use APA” for instructions and examples for proper APA citation.

When might you want to paraphrase?

· Paraphrase when you want to introduce a writer’s position.

· Paraphrase when you are supporting a specific point and need to draw on a certain place in a text that supports your position—for example, when one paragraph in a source is especially relevant.

· Paraphrase when you want to present a writer’s view on a topic that differs from your position or that of another writer; you can then refute writer’s specific points in your own words after you paraphrase.

· Paraphrase when you want to comment on a particular example that another writer uses.

· Paraphrase when you need to present information that’s unlikely to be questioned.

Summary

When you summarize, you are offering an overview of an entire text, or at least a lengthy section of a text. Summary is useful when you are providing background information, grounding your own argument, or mentioning a source as a counterargument. A summary is less nuanced than paraphrased material. It can be the most efficient and effective way to incorporate several sources.  When you are summarizing someone else’s argument or ideas, be sure this is clear to the reader and cite your source appropriately.

Statistics, data, charts, graphs, photographs, illustrations

Sometimes the best evidence for your argument is hard facts or visual representation of a fact. This type of evidence can be a solid backbone for your argument, but you still need to create context for your reader and draw the connections you want him or her to make. Remember that statistics, data, charts, graph, photographs, and illustrations are all open to interpretation. Guide the reader through the interpretation process. Again, always, cite the origin of your evidence if you didn’t produce the material you are using yourself.  Do not overuse this type of supporting evidence.

Do I need more supporting evidence?

Let’s say that you’ve identified some appropriate sources, found some evidence, explained to the reader how it fits into your overall argument, incorporated it into your draft effectively, and cited your sources. How do you tell whether you’ve got enough evidence and whether it’s working well in the service of a strong argument or analysis? Here are some techniques you can use to review your draft and assess your use of evidence.

Make a reverse outline

A reverse outline is a great technique for helping you see how each paragraph contributes to proving your thesis. When you make a reverse outline, you record the main ideas in each paragraph in a shorter (outline-like) form so that you can see at a glance what is in your paper. The reverse outline is helpful in at least three ways. First, it lets you see where you have dealt with too many topics in one paragraph (in general, you should have one main idea per paragraph). Second, the reverse outline can help you see where you need more evidence to prove your point or more analysis of that evidence. Third, the reverse outline can help you write your topic sentences: once you have decided what you want each paragraph to be about, you can write topic sentences that explain the topics of the paragraphs and state the relationship of each topic to the overall thesis of the paper.

Play devil’s advocate or doubt everything

This technique may be easiest to use with a partner. Ask your friend to take on one of the roles above, then read your paper aloud to him/her. After each section, pause and let your friend interrogate you. If your friend is playing devil’s advocate, he or she will always take the opposing viewpoint and force you to keep defending yourself.  If your friend is a doubter, he or she won’t believe anything you say. Justifying your position verbally or explaining yourself will force you to strengthen the evidence in your paper. If you already have enough evidence but haven’t connected it clearly enough to your main argument, explaining to your friend how the evidence is relevant or what it proves may help you to do so.

1. Textbook Chapter 17- Products Liability

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

2. Product Liability: Manufacturing Defects vs. Design Defects

https://corporate.findlaw.com/litigation-disputes/product-liability-manufacturing-defects-vs-design-defects.html

3. Exploring Warranties and Product Liability

https://www.lawteacher.net/free-law-essays/contract-law/exploring-warranties-and-product-liability-contract-law-essay.php

4. Implied Warranty: Merchantability; Usage of Trade

https://www.law.cornell.edu/ucc/2/2-314

5. Implied Warranty: Fitness for Particular Purpose

https://www.law.cornell.edu/ucc/2/2-315

6. Express Warranties by Affirmation, Promise, Description, Sample.

https://www.law.cornell.edu/ucc/2/2-313

7. Exclusion or Modification of Warranties.

https://www.law.cornell.edu/ucc/2/2-316

PLEASE READ “essential information about this course” before proceeding – this is essential.  

General Instructions for Learning Activities   

Read/watch all assigned materials listed for the week in Overview above

Use only assigned materials to complete Learning Activities; please do not use the internet unless otherwise instructed

Include in-text citations and a Reference List for in-text citations in APA format 

Write in correct, complete sentences, in paragraph format unless otherwise instructed

Refer to course materials, cases, and/or statutes to support conclusions in discussion postings. 

· Use in text citations and a References list for Part 1 using APA format

· Please do not use any direct quotations; summarize/paraphrase information from all resources as this demonstrates understanding of the information and its application 

 

Introductory Sentence:  Begin with an introductory sentence or brief paragraph that states your conclusion to the questions asked  (Please read writing introductory sentences)

Concluding Sentence:  End the discussion with a concluding sentence or a brief paragraph that summarizes your conclusion/what you discussed (Please read writing concluding sentences)

Support Arguments and Positions:   Please refer to the module in Content, “How to Support Arguments and Positions” (Please read writing supporting argument)

Support all conclusions in detail, specifically, in depth, and with reference to relevant assigned course materials using APA citation format

Label all parts of assignment

Use correct, complete sentences in paragraph format

Submit Learning Activities to Assignment Folder

Review Content modules:

· Writing Introductory Sentences and Paragraphs

· Writing Concluding Paragraphs

· How to Support Arguments and Positions

Each Part need its own introduction and conclusion

Part 1

Background Facts You Need To Know:  TLG has scheduled another meeting with the Viral Clean (“Clean”) owners to further discuss the risks and liabilities of tort law.  This meeting will focus specifically and only on product liability.

Winnie and Ralph asked you to participate in the Clean meeting and be prepared to discuss specific product liability risks related to Clean’s use and resale of EPI cleaning products. EPI is a manufacturer of environmentally friendly products.

Instructions

Report You Need To Prepare: Write a summary report addressing the following questions to use as a basis for discussion in Clean’s meeting with TLG and to educate Clean’s owners about potential risks and liabilities under product liability law.  Your report must focus only on product liability law.

A. Identify and explain the possible liabilities claims (EXCEPT omit warranty liabilities)  Clean could face under product liability law for reselling EPI cleaning products directly to customers from its public place of business. 

B. Recommend specific actions that Clean could take to reduce its liabilities under product liability law for reselling EPI cleaning products

DO NOT discuss the warranties liabilities Clean could face, Warranties will be addressed in the Discussion this week.

Tips for Formatting Report: The report should use the following format

 

REPORT

TO:              Winnie James, Ralph Anders

FROM:         (your name)

DATE:

RE:              EPI and Clean Product Liability

 

A.

B.

Part 2

Background/Facts:  During a monthly Lunch and Learn Seminar at TLG offices, all TLG business consultants are discussing various client cases.  During the discussion of Clean’s new business, the group discusses the following questions:   

(1) What is the difference between the implied warranty of merchantability and the implied warranty of fitness for a particular purpose?

(2) Analyze and explain specifically how and why Clean could be sued for breach of implied warranty of merchantability for using EPI cleaning products to clean Clean’s clients’ commercial property. `

Learning Activity W2

Learning Activity W2

TO: Winnie James, Ralph Anders

FROM: Daeyoung Yoo

DATE: 26 March 2022

RE: Clean Negligence Risks and Liabilities

1. Jack is the company employee, and he had to face a serious injury because of two

boxes placed by Client’s An employee. After analyzing the facts, it is assumed that Jack

cannot have a negligence claim against the client. The negligence claim must have the four

components to prove the negligence of another company. These components include duty,

breach, causation, and harm. No doubt, Jack has the causation and harm during the case, and

these can be used to prove the negligence claim, but he does not have breach information.

The breach could occur if the client promised him that there would be no barriers on the way.

It is important to understand that it will come in comparative negligence if a negligence claim

is filed (FindLaw, 2019)

2. If Jack raises the negligence claim against the client, he must have enough

conditions and defenses against client A. on the other hand, client A has different potential

defenses against Jack. The possible defenses against the employee are assumption of risk,

contributory negligence, and comparative negligence. The assumption of risk states that the

employee should know that the pathway cannot be cleared of the people and the obstacles.

No doubt, he ensured that there was nothing in the hallway, but he just had it in his mind that

there might be the people or the other instruments. Moving on, contributory and comparative

negligence can both be raised as a defense. The contributory negligence may claim that Jack

broke his ankle to avoid the work and take a rest. The client may raise the defense that Jack

should admit his mistake, and there will be an investigation against the workers of client A.

Jack will also be shown his fault if there is the employee’s fault. It should be noted that the

you are correct to analyze the 4 elements as the way to determine negligence, but all 4 elements are met here; please review the Summary Comments in Content and the Instructor Notes for more details; there was duty, breach )putting the boxes in the hall ws a breach of duty to be areful), causation and harm
defenses are raised only by a defendent, never a plaintiff
needs some clarification – the defense would hae to prove Jack knew of the danger and assumed the risk of injury by vacuuming in the hallway – we never assume the risk on another’s negligence and Jack did not assume the risk of A’s negligence
this defense requires that Jack is partly responsible for his injuries, such as he re kept vacuuming and walked into the boxes after seeing them, etc.- intentionally injuring himself would not be a defense but would be another situation entirely
they can’t both be raised in the same case or same state; states permit one or the other, not both; if you mention comparative negligence,need to explain it and why or how it applies or does not apply here
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Learning Activity W2

client may have to raise the potential defense because Jack did not have any deal or duty with

the client, and he is not responsible for the loss.

3. After determining the facts and the legislation, it is observed that the situation is

not recommended for the lawsuit. Both the parties should cooperate and should analyze the

laws. It might be possible that both parties resolve the issue by discussion. The lawsuit will

require the complete demonstration of the facts, and the loss will be compensated by client A.

If the loss has to be compensated, the negligence from Jack will also be demonstrated. Both

the parties will be at risk of reputation damage. For this purpose, it is recommended that the

parties should inform the negligence claim and the defenses. The client may offer

compensation in the form of treatment. It was a minor fracture, and no major surgery was

needed in this case (Saylor Academy, 2012).

need in text cites to show the source of the information about defenses
this is a clear negligence case and there is no logial defense
mediation might be a good solution but this is a clear negligence case and Jack has a valid lawsuit
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Learning Activity W2

Reference

FindLaw. (2019, September 30). Elements of a Negligence Case. Retrieved March 26, 2022,

from https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-

case.html

[Saylor Academy]. (2012, June 26). Saylor.org BUS205: “Business Law” [Video]. YouTube.

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