Overview
In this assignment, you apply contract and product liability law to a business scenario.
Scenario
Mowers, Inc., a fictional company, has a flourishing lawn care business. The business has two full-time employees who have been with the company for five years. All employees are trained on using the lawn equipment and, upon being hired signed a waiver-of-liability contract limiting liability for the company. The owner, Brian, tells his employees "Not to worry - the company will protect you!"
One employee, Lori, was on the job cutting a lawn. Lori was riding a mower, a Ferrari 2000, which was three years old and in good working condition. The step-up on the mower had writing on it with a warning sticker to replace the sandpaper liner for traction every three years due to normal wear and tear. It was replaced every three years as required.
Lori stepped down off the rider, slipped because of moisture from the grass, and severed her pinky toe on the mower blade. When she fell to the ground, the mower continued through the grass and proceeded by itself to cut and mulch a neighbor's prize roses. Peta, the neighbor, was preparing for a rose competition with a potential grand prize of $10,000.
Instructions
Consider the above scenario and write 3–4 pages in which you make the following determinations. Make sure to cite and explain the law for each determination.
- Pursuant to contract law requirements, determine whether the waiver of liability signed by Lori is a valid contract and whether verbal assurances by Brian become part of the contract. Support your response.
- Determine whether Peta, the plaintiff, has a product liability case against the manufacturer for each of the following defects. Support your response.
- Design.
- Manufacturing.
- Failure-to-warn.
- Determine whether Lori, the employee, has a claim for injuries and whether the employee can recover pain and suffering damages per tort or worker's compensation law. Support your response.
Note:
- Remember, you are demonstrating your understanding of the law, so explain the law first and then make your determination. Be informative and show what you know! References should be from credible and reputable legal sources.
Requirements
- 3–4 pages, double-spaced, Times New Roman font (size 12), 1-inch margins on all sides.
- Include at least three quality references. The textbook for this class is a required source for this assignment. Note: Wikipedia and similar websites do not count as quality references.
- Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page and the Sources list are not included in the required assignment page length.
Resources
- Use the Strayer Library to conduct your research.
- In addition to your textbook, you have access to Nexus Uni through the Strayer Library. You are encouraged to use the Strayer Library to conduct your research. The textbook for this class is a required source for this assignment.
INSTRUCTIONS
Format
- ting. Please refer to the Library site for all support. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is as follows:
- Analyze the legal standing and situation of a specific business to achieve a defined result.
View Rubric
| Week 5 Assignment - Management Liability Scenario | ||
|---|---|---|
| Criteria | Ratings | Pts |
| Cite the most relevant governing law for each question with a plausible explanation of why each is applicable. | 37.5 to >33.74 pts Exemplary Cited the most relevant governing law for each question with a plausible explanation of why each is applicable.33.74 to >29.99 pts Competent Cited relevant governing law for each question, but explanations lack plausibility or support.29.99 to >26.24 pts Needs Improvement Cited irrelevant governing laws for 1-2 questions or did not explain why each was applicable.26.24 to >0 pts Unacceptable Does not cite relevant governing law. | / 37.5 pts |
Determine the legality of the waiver and whether verbal assurances become part of the written contract, pursuant to contract law requirements. Provide support from a professional legal source. | 30 to >26.99 pts Exemplary Pursuant to contract law requirements, determined whether the waiver of liability is a valid contract and whether verbal assurances become part of the contract. Response is supported by scholarly sources.26.99 to >23.99 pts Competent Determined the legality of the waiver and whether verbal assurances become part of the written contract but fails to apply applicable law and support from a reputable professional legal source.23.99 to >20.99 pts Needs Improvement Determined either the legality of the waiver or whether verbal assurances become part of the written contract but fails to apply applicable law and support from a professional legal source.20.99 to >0 pts Unacceptable Did not submit or did not determine the legality of the waiver or whether verbal assurances become part of the written contract. | / 30 pts |
Determine whether the plaintiff has a viable product liability case against the manufacturer for all specified defects by applying applicable law and support from a reputable professional legal source. | 37.5 to >33.74 pts Exemplary Determined whether the plaintiff has a viable product liability case against the manufacturer for all specified defects by applying applicable law and support from a reputable professional legal source.33.74 to >29.99 pts Competent Determined whether the plaintiff has a viable product liability case against the manufacturer for all specified defects by applying applicable law but provides little or no support from a reputable professional legal source.29.99 to >26.24 pts Needs Improvement Incorrectly determined whether the plaintiff has a viable product liability case against the manufacturer or fails to apply applicable law to a correct determination.26.24 to >0 pts Unacceptable Did not submit or did not determine whether the plaintiff has a viable product liability case against the manufacturer. | / 37.5 pts |
Determine whether the employee has a viable claim for injuries and pain and suffering damages per tort or worker’s compensation law with support from a reputable professional legal source. | 30 to >26.99 pts Exemplary Determined whether the employee has a viable claim for injuries and pain and suffering damages per tort or worker’s compensation law with support from a reputable professional legal source.26.99 to >23.99 pts Competent Determined whether the employee has a viable claim for injuries and pain and suffering damages per tort or worker’s compensation law but provides little support from a reputable professional legal source.23.99 to >20.99 pts Needs Improvement Determination is inaccurate as to whether the employee has a viable claim for injuries and pain and suffering damages per tort or worker’s compensation law.20.99 to >0 pts Unacceptable Did not submit or did not determine whether the employee has a viable claim. | / 30 pts |
Clarity, writing mechanics, and formatting requirements. | 15 to >13.49 pts Exemplary 0–2 errors present.13.49 to >11.99 pts Competent 3–4 errors present.11.99 to >10.49 pts Needs Improvement 5–6 errors present.10.49 to >0 pts Unacceptable More than 6 errors present. | / 15 pts |
| Total Points: 0 |