Reference no: EM133200819
Question 1:
There are health and safety ordinances, codes and other laws requiring shoes be worn in certain businesses. Tanya woke up one morning and wanted a smoothie. Tanya hopped in the car and drove to her favorite smoothie shop, CA. Looking at the long drive-thru line for smoothies, Tanya parked, slipped on her sandals and walked in the shop.
While waiting in line, Tanya noticed a person (Steve) in front of her not wearing shoes. The individual working for CA at the counter (Angela) looked up and asked Steve to please go put shoes on or please leave and use the drive-thru.
Steve did not have shoes handy-he was headed to the lake and his flip-flops were packed. He also did not want to wait in the drive-thru line. Steve was getting close to being late for picking up his buddies, but he needed four cups of coffee for his friends who had paid him to pick-up coffee and deliver it that day. Steve ignored Angela and continued waiting in line. Angela asked Steve again with much more force in her voice.
Steve looked up at Angela and yelled, "it is my freedom to not wear shoes and in a second I am going to hit you."
CA got completely quiet. Steve looked around at everyone, and yelled "this is ridiculous!" Steve stormed out of the store, but not before Steve intentionally knocked over a display and accidentally made a fellow customer (Nancy) spill their smoothie.
The manager of CA, Robi, ran after Steve, grabbed Steve's keys, and said "you have to apologize and repair the display or I am going to call the police." Realizing he could not leave, Steve said nothing, but started to wrestle the keys back from Robi.
In the meantime, Tanya had walked outside and had been filming the events with her phone. Shortly after Steve and Robi began to scuffle, a police officer happened to pull into CA.
The police officer quickly took control of the situation and began to sort things out. Tanya posted the video of the events and it went viral. Steve has been losing sleep and has significant
mental health issues after many individuals online made disparaging comments about Steve's behavior.
In these events, we have Tanya, CA, Angela, Steve, Steve's co-workers, Nancy, Robi, the police officer and others in the CA. Identify any civil claims (consider torts and/or contracts) that each of them might be a part of in a lawsuit. FULLY explain and analyze whether these claims would be successful.
ADDITIONALLY, identify any decisions involving ethics that were made in these events and explain why you do or do not believe they were made ethically.
Should your response require additional information, please identify this information and indicate how this information influences your analysis.
Your response to this question should be at least 400 words.
Question 2
Starting a business is challenging. Finding the right business form is one of the tasks any entrepreneur must tackle with thought and care. In our readings and lectures we learned about different entities that a business owner may choose-sole proprietorships, partnerships, LLCs, corporations, etc.
Selecting the best option for a specific business is key. This is true across industries, including the restaurant business. Creating a new dining and food concept is fun, but also carries with it legal concerns on top of the woes any business leader finds in launching a new venture.
After many years working in the food, beverage and hospitality industry, Sam Shepard (no relation to the famous actor/writer) plans to open her own restaurant, Fun! Sometimes eating foods from childhood provides that combination of culinary delight and a positive trip down memory lane. Sam intends to be a hands-on owner at Fun! that will begin as a delivery service and food truck serving foods from her family's recipes that she loved as a child. Sam hopes the future includes traditional restaurant locations, and possibly catering options.
Sam has saved for many years and does not expect to make a significant profit for at least the first year and plans to focus on putting almost all profits back into the business for the first two years. She hopes to expand eventually and possibly take on financial and/or business partners.
Sam is concerned about tort liability; whether that comes from premises liability issues, food quality issues or the multitude of issues that remain concerning the current global pandemic. Sam is also concerned about contractual liability for obligations she will incur with the truck purchase, the acquisition of commercial kitchen equipment, and more.
Sam has asked you which form of business organization do you think would be most appropriate for Fun! and WHY?
What are the chief characteristics of this form of business organization, how do you form this organization and how do you maintain this organization?
What are the advantages and disadvantages of this form of business organization as compared to other forms of business organizations with respect to Sam's specific concerns for Fun!?
Should your response require additional facts, please identify them and indicate how they influence your analysis.
Your response to this question should be at least 400 words.