Business Law

Question A

As you view the following video, think about the scope of the disasters – they are far beyond the individual just littering. Therefore, as you review the images and stories contained in the video, think about the reading and the laws that are discussed, and how they may impact the company, environment, and business practices in general.

  • Top 10 Man-Made Disasters (6:31)

You are a business owner who is environmentally aware, and thus you use the local river to help generate some electricity for your small business. You are doing well using this method of energy generation, but you begin to notice that over time the river seems to be flowing more slowly, and that is causing you to have sporadic losses of power. Upon inspection, you notice the river does seem a bit slower, seem to have more debris in it, and now has a funny smell. What are some legal concepts you will need to know to understand your rights? You want to do something, but are not sure what. Then, you remember your business law textbook. What are some of the legal issues and concepts you will need to know to mount a legal fight? Be sure to support your response.

Question B

Anticipate what business law may look like 20 years from now and give your opinion on what you believe students will need to know in order to be successful in the field. Provide a rationale for your response.

Question C

DO NOT OVER THINK THIS ASSIGNMENT. A brief break down

-The key is to break down the points being asked in each question, to ensure you cover each point and answer it effectively. A helpful break down is below.

-Answer each point by supporting your conclusion. Support conclusions/provide rationales, by integrating resources from research, e.g. Academic Journal, textbook. Lay the foundation for concepts by defining those concepts. Most definitions are not your own words, and thereby, should be cited to from the source used to attain the definition, e.g. Textbook.

-There are snippets of several cases in the textbook – use them to help illustrate understanding of how the legal rule or elements are applied to a scenario. then compare/contrast it to the pertinent facts of the scenario you are addressing/examining.

-APA format: follow the APA manual for format – cover page, running head, citation format, reference page structure, etc. An excellent online source is Purdue.owl.

-Unfortunately, there is not much that can be covered on how to write an effective paper without coming to close to telling you how to answer the questions, which takes away from the purpose of the assessment, as the assessment is to ascertain a student’s understanding of the material – subject matter; and of course, writing mechanics.

-The key is to take the appropriate time to develop the paper, and have spent sufficient time reviewing the textbook content, participating in discussions, etc. each week.

-Writing academic papers requires critical thinking. Each step will allow you to improve this skill.

-If you use the guide below on key terms and action verbs in the questions, then you are better positioned to attack each point; do your own assessment of the question as well in breaking down the points being presented for examination.

-Use structure and organization by placing headings. Think about what the question is asking you to discuss, and provide a general heading. For example, I might providing a heading of “Rights and obligations of Tenant and Landlord” to question 1.


Landlord-Tenant Law

HINT: See Chapters 29 and 30 of the text to help understand some of the legal issues covered in this assignment.

Larry Landlord has recently renovated an apartment and has put it on the market to be rented for $800.00 a month. Larry Landlord has been in business for approximately five (5) years and has had both positive and negative experiences with tenants. Larry Landlord is hoping to find a good, long-term tenant for his apartment. Roger Renter saw Larry’s sign for the apartment for rent and thought the location and the apartment would be perfect. Roger met Larry to look at the apartment and Roger fell in love with it. All of the interior fixtures had been replaced and the unit had a nice large closet. Roger noticed that although newly painted, the exterior of the apartment did show a little bit of wear. Because of the condition of the exterior of the building, Roger asked Larry about any roof leaks. Larry stated that he had never had a leak and was not aware of any leaks.

Roger and Larry entered into a valid contract for the rental of the apartment. (Note: The issue of whether or not a contract exists is NOT part of this question. For purposes of this question assume the contract is valid and there are no issues with the contract.)

Roger Renter was very happy in his new location; the apartment was quiet and the neighbors were friendly. Larry Landlord was also very happy because Roger Renter was a model tenant. Roger Renter paid on time and was quiet and respectful to other tenants.

The part of the country where Roger rented was rainy in the summertime. Roger rented and moved into the apartment in October. In June, a tremendous rainstorm occurred and Roger’s roof began to leak. The leak was minor at first and Roger merely put a trash can under the leak and had no other issues that month. When handing over his monthly rent check, Roger told Larry about the small leak. Larry thanked Roger for letting him know about the leak and told Roger he would have it fixed.

The next month the rains came again and the leak grew larger in Roger’s apartment. Roger was not home at the time of the rain and therefore the leak damaged some of Roger’s furniture. Roger called Larry to let him know that there was a leak and asked when it might be fixed. Roger also stated that he thought Larry had fixed the roof. Larry curtly stated, “When it rains, sometimes it pours. When it pours, sometimes it leaks.” Roger did not like Larry’s tone or response and called back to ask when the roof might be fixed. Larry stated, “When I get to it.” The following day, Roger sent Larry a note about the roof leak and asked Larry to please address the issue.

The week before the rent was due, another rainstorm occurred and the leak was even larger. This time the leak damaged Roger’s clothing, furniture, and some precious items he had inherited from family members. Roger called Larry and asked Larry to fix roof immediately. Larry responded in a similar and condescending manner. Roger hung up the phone and threw his baseball bat against the wall, damaging the drywall and knocking out an electrical socket.

Since it was the rainy season, Roger knew it would rain again and therefore simply moved his items away from the leak and did nothing to help mitigate the damage from the leaking roof.

Larry came into the apartment to investigate the leak and found damage from not only the leak but also from the thrown baseball bat. Roger states that the baseball bat damage was a direct result of Larry’s inability to fix the leak based on his anger from Larry’s curt response.

Suppose you are a mediator. In five to seven (6-8) pages discuss the rights and responsibilities of the landlord and the tenant in which you:

  1. Explore the legal rights and responsibilities of the tenant and the landlord. [You have to address both parties here, thus, you may want to discuss in part the Tenant, then address the Landlord. When addressing legal rights, we are essentially addressing the duties of the parties to one another – the legal duties – this involves rights and liabilities.]

Example:

1. Legal rights and obligations of Landlord and Tenant.

a. Legal rights/duties of Landlord.

b. Legal rights/duties of Tenant.

2. Decide whether or not the landlord and / or the tenant had a legal duty to mitigate damages. [subject matter here being examined is the duty to mitigate by both parties]

3. Determine whether or not Larry has legal grounds to evict Roger. Explain why or why not.[How and when a landlord can evict a tenant is be addressed here, examine the rules of law as presented in the text book; apply the factual scenario to those rules – use of cases will help explain your response – show the similarities and differences between the facts of your paper and the case, and why the court concluded as they did- use that conclusion to support your conclusion by showing the simillarities or differences.]

4. a)Describe whether or not Roger has a legal obligation to pay for the damage he caused and b)determine whether or not Larry would be liable for any direct damage.

5. Support each response with facts presented in the scenario.

6. Use proper legal terminology throughout your responses.

7. Use at least three (3) quality academic resources in this assignment. Note:Wikipedia and other Websites do not qualify as quality academic resources.


The book that I using is Effective Training, 5th Edition P. Nick Blanchard, Eastern Michigan University James Thacker, University of Windsor

 
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