Overview
Business law plays an integral part in both our personal and professional
lives. A solid grasp of essential business law concepts is critical for the
successful navigation of complex and diverse business environments.
You will assess relevant legal issues as well as apply the
discipline-specific knowledge necessary to successfully address
real-world business situations such as business formation and
management, liability issues, and compliance with government and
industry regulations, as well as to effectively communicate issues and
facts to peers and professionals.
The final project represents an authentic competency, as you will have
the opportunity to present your analysis of the legal and ethical issues
involved in three hypothetical business scenarios as well as to evaluate
and make recommendations to avoid such issues in the future.
This assessment addresses the following course outcomes:
â— Apply the law regarding business relationships, such as agency
law, partnership, and corporate law as strategies for appropriate
and effective business management
â— Analyze issues of real and personal property as they pertain to
business formation and management
â— Determine the legal rights and duties of the parties to commercial
paper for their impact on fundamental business operations
â— Analyze the rights and duties of the parties in credit transactions,
including secured transactions and bankruptcy law, as they apply
to fundamental business operations
â— Evaluate the impact of government regulation on business
practices for strategic and compliance purposes
Prompt
The final project for this course consists of two milestones and the final
project submission. Milestones One and Two take the form of short
answers crafted in memo format from the perspective of a corporate
attorney making recommendations to a client. For Case Studies 1 and 2,
craft a professional memo for each, appropriate in format, tone, and
content, to send to your clients Fred and Sally, with your preliminary
thoughts on the issues within. Your memos should illustrate the issues
and relevant law, apply the facts, and support your conclusions with
regard to each issue. Always remember to be clear, kind, and
professional in your communications. The third element, Case Study 3,
will be a short, 2–3-page essay in APA format that will require you to
independently issue-spot as well as provide a factual analysis of relevant
law and recommendations. You will receive feedback on both milestones
and the initial element of Case Study 3. Make any necessary revisions
and then include them all in the final
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Case Study 2 – Memorandum
Student Name
Lecture Name
Course
Date
Case Study 2 – Memorandum
To: Fred and Sally
From: Legal Advisor
Date:
Subject:
Legal Issues Arising from Jane’s Embezzlement and Bob’s Infringement
Legal Defense against Dons check
Fred and Sally may raise various legal defenses in response to the checks written by Jane to Don. One potential defense is that Jane lacked the authority to write and sign checks on behalf of the company, and thus the checks were unauthorized and invalid. As Sally and Fred were the only authorized signatories on the corporate account, any checks that Jane wrote without their knowledge or consent would be considered unauthorized. Additionally, Jane’s forgery of Sally and Fred’s signatures further undermines the validity of the checks (Ambos, 2018). Another potential defense is that Sally and Fred were unaware of Jane’s actions, and therefore cannot be held responsible for her embezzlement. However, it is important to note that as owners of the company, Sally and Fred have a duty to oversee the actions of their employees and ensure that proper controls are in place to prevent theft and fraud. If they failed to exercise proper oversight or failed to implement adequate controls, they could potentially be held liable for Jane’s actions. A third potential defense is that Jane’s actions were not motivated by any intent to harm the company, but rather by personal financial difficulties. While this may be true, it is unlikely to absolve Jane of liability for her actions. Embezzlement and forgery are serious crimes that can result in both criminal charges and civil liability, regardless of the perpetrator’s motivation (Ambos, 2018).
Legal Defense against the Check Delivered to the Church
With regard to the check administered by Jane and delivered to the church, Fred and Sally may contend that the check was not authorized by them and, therefore, was a forgery. They can claim that the check was made out to “Cash” and did not have any clear beneficiary, which indicates that Jane was trying to cover up her actions. Additionally, they can argue that they had no knowledge or involvement in the transaction, and Jane acted outside the scope of her employment by forging their signatures on the check. Under the Uniform Commercial Code (UCC), a forged check is not legally enforceable against the account holder or their bank. As the owners of the business, Fred and Sally have the right to refuse payment on the forged check and seek restitution from Jane (Kubasek et al., 2020). However, this defense may not be successful if the bank or the church has already cashed the check and, therefore, accepted it as vali
