Viral Clean (Conner, Denise, Larisa, and Sam)

Background:

The owners of Viral Clean (Conner, Denise, Larisa, and Sam) are responsible for different components of the business.  Each component has a legal implication.  Report that discusses the law for each component.  For each component, the report must address the following:

• Identify the component that is central to each of the four scenarios and explain the relevant area of the law.
• As a general matter, explain why understanding the area of the law helps Clean.
• Identify Clean’s rights and liabilities in the area of the law and make specific recommendations of how Clean can minimize its liabilities.
• recommend appropriate actions in the business environment based on an understanding of sources of law, substantive legal concepts, legal process and procedure, and available remedies
• analyze contractual rights, obligations, liabilities, and remedies in the business environment
• analyze tort rights, obligations, liabilities, and remedies in the business environment

Conner:

Conner is responsible for purchasing PPE and cleaning supplies from EPI.  Although Conner is a Clean owner, he also operates his own separate company.   His company sells outerwear and athletic clothing online.  While running his company, he had several instances where the manufacturer did not deliver the correct product to his company.  He also had cases where the clothing did not meet the contract specifications.  As a result, his company had shipping delays to the customers, and his company also shipped the wrong product to its customers.

Conner wants to avoid this situation for Clean.  However, if this should happen to Clean, Conner wants to understand Clean’s rights as a purchaser from EPI and its liabilities as a reseller to customers.  Please address the law to help Conner understand Clean’s rights and liabilities.

Denise: 

Denise is responsible for human resources, risk-avoidance, and insurance for Clean.  Denise is preparing a workers’ handbook for Clean.  The handbook’s relevant sections cover workers’ safety and job-related injuries to workers and Clean’s customers.  Clean workers include employees and independent contractors.

Please address the law to help Denise prepare the relevant sections of the workers’ handbook.

Larisa:  

Larisa is responsible for executive talent acquisition.  Clean will retain the executives using three-year employment agreements.  Larisa wants to ensure that the employment agreements are valid and enforceable.

Larisa does not know what is required to ensure that the employment agreements are valid and enforceable.  Please address the law that will assist Larisa.

Sam: 

Sam is responsible for government compliance and product development.  Sam ensures that all PPE and cleaning solutions meet the Center for Disease Control’s guidelines.  Sam also monitors the laws in the states where Clean’s PPE and cleaning solution are sold.  He ensures that the states are not planning to ban any of the cleaning solution’s ingredients.

Please address the law that will assist Sam when states plan to ban the cleaning solution’s ingredients.

Instructions

There will be 1 single report with subheadings for each Clean employee; Conner, Denise, Larisa. and Sam. Each subheading should include the following:

• Identify the component that is central to each of the four scenarios and explain the relevant area of the law.
• As a general matter, explain why understanding the area of the law helps Clean.
• Identify Clean’s rights and liabilities in the area of the law and make specific recommendations of how Clean can minimize its liabilities.

Cover each component thoroughly, demonstrating the understanding and application of the law.

 

 

I filled out each of the components below, is there any more information I should add to all components? If any references are used please provide 

A.  Conner

(1)       Conner must guarantee no repercussions or incorrect deliveries from suppliers to avoid externalizing the effect on Clean’s clients. The relevant area of legislation controlling this is Consumer Protection laws, which protect customers of goods and services against faulty goods and misleading, illegal business operations.

(2)       The law protects Clean’s position when it purchases commodities from other suppliers and then sells them to Clean’s clients. This will defend Clean against any misbehavior on the part of its suppliers, which may subsequently result in Clean’s complaints.

(3)       Clean is the purchasing of items from its suppliers—any breach of contract, delay in delivery, or delay in delivering faulty products.

B.  Denise

(1)       Denise must guarantee that Clean does not violate any health and safety requirements to avoid incurring litigation charges or damages at the worker’s and contractors’ demand. The applicable statute in this instance is the Occupational Safety and Health Act of 1970.

(2)       Recognizing the Occupational and Safety Health Act 1970 will put information on the portions of the Act that Denise will need to follow to guarantee appropriate implementation of the standards, which will assist Denise in eliminating any chances of any complaints.

(3)       Clean is responsible for ensuring that all OSHA-compliant safety operating procedures are followed for the entire business and specific personnel to guarantee that nothing unexpected happens during operations.

C. Larisa

(1)       Larisa is responsible for Clean’s human resource management. She creates legal employment contracts and guarantees that they are lawful and enforceable. To do so, she must study the Employment and Labor Laws and Regulations to include the appropriate portions in the contracts and ensure their legal identity.

(2)       Understanding this area of law will assist Clean in drafting effective and enforceable legal employment contracts, which will give ease and stability to the lawful extent of business responsibilities.

(3)       Clean is entitled to be respected as an employer, and employees are not permitted to breach any of Clean’s agreements. Clean is also expected to take care of its employees and appreciate their opinions on fair conditions that do not result in any form of manipulation or coercion.

D.  Sam

(1)       Sam is in charge of the company’s fulfillment of the guidelines, which are enforced by the Centers for Disease Control and Prevention.

(2)       This will assist Clean by utilizing all legal substances in its operations that have been approved by the CDC and are not harmful to the general public. This will aid in the clean collaboration of government agencies and absolute agreement, which will contribute to steady operations.

(3)       To comply with CDC requirements, Clean must implement all SOPs. In addition, all new laws, depending on the state, are published in the Federal Archives when they become effective. Sam must keep an eye on this to guarantee that Clean’s preferences are followed correctly.

 

References

Liability of Principal and Agent; Termination of Agency (saylordotorg.github.io)

U.C.C. – ARTICLE 2 – SALES (2002) | Uniform Commercial Code | US Law | LII / Legal Information Institute (cornell.edu)

Foundations of Business Law and the Legal Environment – Table of Contents (saylordotorg.github.io)

Intentional tort | Wex | US Law | LII / Legal Information Institute (cornell.edu)

What is Premises Liability? | Nolo

Products liability | Wex | US Law | LII / Legal Information Institute (cornell.edu)

Exploring Warranties and Product Liability (lawteacher.net)