Business Law Analysis Report
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 heâs invented â the croissconenut â 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.
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.
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.
Joseph is concerned about protecting the value of his unique baked good. He has named the restaurant âThe Croissconenutâ 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.
On the first day of operations, an unusual accident occurred wherein a bicyclist crashed into Josephâs âGrand Openingâ 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 accidentâso 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:
â¢ For each question identify the appropriate law(s) and/or rule(s) that apply to the situation;
â¢ Identify and explain the appropriate elements or frameworks accompanying such laws and rules;
â¢ Apply those rules to the facts of the case as presented;
â¢ Draw a conclusion based upon your analysis that answers the question posed.
â¢ 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.
â¢ 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.
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.
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