Reference no: EM132292270 , Length: word count:1250

Business Law Assignment - Session Billy Wildermon - Final Case Analysis

Billy Wildermon's Rafting Business -

Billy employs three river guides. One guide was convicted of CADCFA and served a prison sentence. The second guide is a responsible female Australian citizen in the USA on a legal visa. The third guide is a local woman, age 21. Billy also employs two bus drivers (both local men with no history of a bad work record) and two administrative assistants (one a female from Mexico who it is rumored is an illegal alien, the other a man who is openly gay and a professed Marxist).

Sometimes Billy authorizes his guides and drivers to buy gear for the business and even enter into agreements with tourist agencies. On one occasion he and one of his bus drivers paid a tourist agent $10,000 to refer and shift customers to his raft company electronically over the Web. Billy has no written agreements with anyone, not the people he works for, nor his customers. As a Christian, he has stated. "God will watch out for me, and I don't want any lawyers in my business." Yet, some of his workers, who are all paid by the hour, have said they would like something in writing. Their paychecks reflect no social security deductions or any other payroll deductions, but the women are paid 10% less because "they aren't as strong as men and this business requires some brute strength." Bill says they are all independent contractors, he thinks, and he doesn't want to pay them as employees. He thinks it might be good to have a contract of some sort for his workers and for his clients, but he doesn't know what to put in the contract. He has heard something about warranties and releases, but really has no knowledge of any of that. He carries no insurance at all.

Billy has his guides spray a chemical, TCE (Trichloroethylene), on the bottom of his two river rafts before every trip. (He received the TCE from a friend in a full 55-gallon, leaky barrel, which he stores about 40 feet from the river on the ½ acre of land he owns giving him access to the river in southern Colorado that he uses for rafting). He claims that with the spray the rafts practically fly through the river, making them go faster than any other rafts, which creates a more invigorating experience for his clients. He markets that 'trade secret' on his website, where he has pictures taken from brochures he's found and copied as well as pictures he's taken off other sites.

He is interested in trademarking his business, using the name "Very Best Rafting Company." He has some T-Shirts with that phrase printed on them for the men to wear. He requires all of the women to wear bikinis, and has the name printed on the top and bottom of the bikinis. He insists on putting suntan lotion himself on the women every day, "to make sure they don't suffer skin cancer and sue me." The women have protested, but he says that is non-negotiable if they want to work with him. The male river guide is often very inconsiderate in his treatment of the females, having devised crude nicknames for them Billy just ignores it all.

Last week, someone fell out of the river raft that the male operated and hit her head on a rock in the water, resulting in a big gash that needed stitches at a local hospital. Billy wasn't worried because she told him she has health insurance. The male guide has a licensed handgun that he carries ("to protect himself and his passengers on the river"), and he was shooting at what he says was a wolf next to the river when the accident occurred - he thinks he might have wounded it. Billy asks everyone who is customer if they have health insurance, and so far everyone says they have it.

Paper Requirements -

Billy knows you are a business student at CCU and are taking business law. He has just asked you to provide him a paper analyzing his situation and helping him to recognize important legal issues. Using the outline of issues created in Session 4, write a paper that identifies the major legal issues and explains the basic principles of those legal issues. These will include contract issues, business tort issues, agency issues, environmental issues, HR issues, and intellectual property issues. Then provide specific recommendations to Billy as to actions he should take to resolve these issues.

Attachment:- Assignment Files.rar