Business Management Liability Scenario

Business Management Liability Scenario

Widget’s, Inc., a fictional company, has a flourishing lawncare business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment and have signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, told his employees not to worry—that the company would protect them if they got hurt.

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One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000, which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker that read, “Replace the sandpaper liner for traction every three years due to normal wear and tear.” It was replaced every three years. Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade.

When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor’s prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000.

Write a 1–2 page paper answering the questions below. Remember to identify and explain the law and then justify your answers to the questions pursuant to the scenario:

Pursuant to contract law, is the waiver of liability legal and do Brian’s verbal assurances become part of the contract? Why or why not?
Does Peta have a product liability case against the mower manufacturer Ferrari for a design defect, manufacturing defect, or failure-to-warn defect?
Does Lori have a claim for her injuries and can she recover pain and suffering damages or worker’s compensation?

NOTE: A cover sheet is not required for this assignment, but please provide SOURCES from two reputable sources.

In addition to your textbook, you have access to Nexus Uni . Please take advantage of this excellent legal resource!

The specific course learning outcome associated with this assignment is as follows:

Analyze the legal standing and situation of a specific business to achieve a defined result.

Please note: Your answers for all work must be based on the law, not on your feeling, biases, sympathy and your personal experience.

Business Management Liability Scenario Paper – Resource

Due end of Week 5 – worth 75 points

Write a 1-2 page paper. Paper should be typed, double-spaced using Times New Roman (font size 12-point) with 1-inch margins on all sides

No Cover Page is required for this assignment. Please include your name and date only.

Please provide references on a Source Page that includes at least two credible sources. In addition to the textbook, you have access to Nexus Uni through the Library. Please take advantage of this legal resource, it is required for this class.

Remember all papers must follow Writing Standards, not APA for citing sources in the text of the paper and on the Reference Page. See the link in BB titled, “Writing Standards.” Failure to cite sources amounts to plagiarism and will not be acceptable in this class.

This is a resource – you are not required to answer all the questions on this paper but your answers should reflect an understanding of these questions.

1. Pursuant to contract law, is the waiver of liability legal and do Brian’s verbal assurances become part of the contract? Why or why not?

· Foundation comes from reading Chapters 11, 12 – Jennings, Marianne. (2018). Business: Its’ Legal, Ethical and Global Environment (11th ed.). Mason, OH: Cengage Learning.

· Explain contract law and contract formation with required elements

· What is a waiver of liability and what makes it valid?

· Can a contract be verbal or is it required in writing?

· Can what someone says override the contract terms or, become part of a contract?

· When can liability be waived?

2. Does Peta have a product liability case against the mower manufacturer Ferrari for a design defect, manufacturing defect, or failure-to-warn defect?

· Foundation comes from reading Chapter 13 of textbook.

· Explain product liability and the causes of action.

· When is a manufacturer liable for their product and when are they not?

3. Does Lori have a claim for her injuries and can she recover pain and suffering damages or worker’s compensation?

· Foundation comes from reading Chapter 13 of textbook and, research on state worker’s compensation laws.

· What is worker’s compensation and when is it available to employees?

· What is the law as to worker’s compensation?

· How does worker’s compensation differ from suing in court?

· Explain damages and what is available to recover for product liability?

Use at least two (2) quality resources in this assignment.

· Quality resources are course textbook, published books, academic journal articles, expert reports and case law.

· Wikipedia is not accepted.

Reference page examples below – Writing Standards

1. Michael Harvey. 2013. The Nuts & Bolts of College Writing. p. 1. http://libdatab.havarad.edu/login?url=http://search. ebscohost.com/login.aspx

2. William R. Stanek. 2010. Storyboarding Techniques chapter in Effective Writing for Business, College and Life. http://libdatab.princeton.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=359141&site=e ds-live&scope=site&ebv=EB&ppid=pp_23 3.

3. Zyad Hicham. 2017. Vocabulary Growth in College-Level Students’ Narrative Writing. http://libdatab.strayer.edu/ login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsdoj&AN=edsdoj.9b7fad40e529462bafe3a936 aaf81420&site=eds-live&scope=site

Please review how to cite your references using Strayer Writing Standards – see the link in our BB page.

The following citation will not be accepted and you will lose points: Citing a website only as: https://www.theverge.com/2019/2/25/18229714/cognizant-facebook-content-moderator-interviews-trauma-working-conditions-arizona

Suggestion on Dos and Don’ts

Dos.

· Remember to discuss, and elaborate in your paper.

· Discuss each question equally – for example do not write 2 pages for question 1, and 2 sentences for question 5.

· Your discussion should be based on your research of the law and facts.

· Do no write about your feelings, emotions and personal experiences

· Ensure you submit the correct paper.

· Use the help provided to you such as Grammarly and the OnlineTutor.

· Remember to paraphrase your answers based on your research.

Don’ts

· Do not write an announcement in your paper, for example, “In this paper I will discuss whether or not I believe that Facebook has a legal or ethical duty to rescue a crime victim. I will suggest and elaborate on three (3) ways that social media platforms can be more proactive and thorough with their review of the types of content that appear on their sites.” This may increase your SafeAssign score.

· Do not write word for word from sources or your Safeassign will be high and you will lose points for resubmission.

· Do not write the Assignment questions in your paper.

· Do not write about your personal experiences in your paper.

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