Business Law Analysis Report

Business Law Analysis Report Order Description   End Outcome: Formulate an analytical assessment of legal issues for an early stage business. put yourselves in the shoes of a legal advisor to a small business owner, Joseph, who has just opened a small bakery/ restaurant. Joseph is excited about the new venture, especially since he has designed his restaurant around a pastry that he believes he’s invented – the croissconenut – the combination of a croissant, scone and doughnut. HIs restaurant will serve this delicious pastry as well as other more traditional pastries, along with coffees and teas. At the outset of this business Joseph has encountered several different issues which he is asking you to advise him on. First Part Joseph located the restaurant in a quaint location that is sure to get foot traffic, but the size of the kitchen prevents him from cooking the signature croissconenut on the premises. He has outsourced the creation of his baked goods to his cousin, Alfred, who has agreed to supply all of the needed baked goods on a daily basis. This has worked for the first few days of operations, but Joseph now wants to increase his output to 100 croissconenuts per day and he is not sure if Alfred can, or will, increase his supply. Nothing has been put in writing, and Joseph is wondering if he should continue in this manner, and also wondering what specific elements are necessary to make an enforceable contract with Alfred. Second Part Joseph is partnering with his two siblings in the endeavor and wishes to divide the ownership equally among them, but he also wants to protect them (along with himself) from full liability in the event that anything should go wrong in the business. Joseph would like to know which business structures would satisfy these needs, and which one you might recommend for his business. Third Part Joseph is concerned about protecting the value of his unique baked good. He has named the restaurant “The Croissconenut” and he would like to be the only restaurant in town that uses that name for his bakery. He would like to obtain a Design on his signature baked good and is wondering if this is an appropriate form of protection. In addition, he is asking you to help him find a way to protect his intellectual property. Fourth Part On the first day of operations, an unusual accident occurred wherein a bicyclist crashed into Joseph’s “Grand Opening” sign which was positioned on the sidewalk directly outside of the restaurant. The sign was destroyed, and the bicyclist suffered minor injury and was quite angry after the accident—so angry that he threatened to sue Joseph for recklessly placing his sign in the middle of the sidewalk. Joseph estimates that the injury would likely be no more than $4,000, but he is asking you for assistance on this matter. Specifically he wants to know how a court may interpret negligence in this particular situation, and he also wants to know what court he would likely appear in, in the event this matter goes to trial. With the above information, please provide a written report addressing the four major questions to the best of your ability. Please feel free to utilise the information provided in the modules, as well as outside sources which may include books, periodicals, journal articles and information sourced from other legal websites (both those sited on in the modules and otherwise). Your final submission should be a report that addresses each of the following: • For each question identify the appropriate law(s) and/or rule(s) that apply to the situation; • Identify and explain the appropriate elements or frameworks accompanying such laws and rules; • Apply those rules to the facts of the case as presented; • Draw a conclusion based upon your analysis that answers the question posed. Hints: • Begin each section by identifying any applicable law or legal concepts that may apply (for instance, you may choose to outline the elements of a contract or tort). Then assess the factual scenarios with respect to those definitions and constructs and attempt to draw conclusions when possible. • Also, bear in mind that there are limited facts within the above scenario. As such, you may want to note when further information might be helpful to you in providing such an answer. Criteria; Demonstrates an understanding of key business laws, sources of regulation and acceptable business practices (40%) - A good understanding of laws, regulations and acceptable business practices is clearly evident. Some discussion and originality. Good use of relevant examples and/or legal principles. Applies legal principles to business situations (30%) - A well thought out and effective application of legal principles is clearly evident. Good application of relevant critical thinking is demonstrated. Analyses and discusses links between organisational structures and business law in practice (15%) - Very good analysis and discussion is evident. No originality evident. Clear links are established.