Description
General Instructions
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Read/watch all assigned materials listed for the week in the Course Content
Cite to assigned materials in all responses
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Use only assigned materials to complete Activities; do not use the internet unless
otherwise instructed
Include in-text citations and a Reference List for in-text citations
Write in correct, complete sentences, in paragraph format unless otherwise instructed
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Tips for Formatting and Structuring Analysis:
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Write in complete sentences in paragraph format.
Use in-text citations citing to relevant assignment materials.
Double-space; 12-point Arial or Times Roman font.
Introductory Sentence: Begin with an introductory sentence or very brief paragraph
that states your conclusion to the questions asked.
Concluding Sentence: End the discussion with a concluding sentence or a very
brief paragraph that summarizes your conclusion/what you discussed.
Support Arguments and Positions: Please refer to the module in Content, “How to
Support Arguments and Positions”.
Use the American Psychological Association (APA) citation format for all citations.
Background: Contracts are essential for business and will be an integral part of
Viral Clean?s (“Clean”) operations, so the owners now want to focus on contract
law. Each owner has experience with contracts in their businesses and appreciates
the probable risks and liabilities associated with contracts. They also know that
contracts should be comprehensive, clear, and specific to avoid possible disputes
with employees and clients.
The Clean owners know that there are various types of contract agreements relevant
to their business. Clean will have individual contracts with employees, independent
contractors, and other agents representing the company. Also, Clean will engage in
sales contracts with other businesses, consumers, and clients.
The owners want all contracts to be written to reduce disputes and risks and liabilities
associated with contracts, with specific, complete, and unambiguous
terms. Contracts must define the rights and responsibilities of the parties. Also,
since employees and independent contractors will be performing cleaning services on
clients’ properties, these contracts should require bonding for all employees.
You, Winnie, and Ralph presented draft contracts for Clean’s employees, including
different contracts for cleaners, office managers, marketing specialists, sales
representatives, and IT employees.
The Clean owners reviewed the drafts and have some questions about the contracts.
Background Facts You Need to Know: At Winnie’s and Ralph’s request, it is your
responsibility to research and provide answers to the Clean owners’ questions. As an
example, Winnie, Ralph, the Clean owners, and you have determined that Clean’s
contract with its cleaner- employees will include the following terms and conditions:
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specific duties to be performed by cleaner-employee
salary for cleaner-employee
work hours
terms of payment for overtime or holiday work, if any
sick leave
vacation leave
training requirements for cleaner-employee
length of contract
bonding for cleaner-employee
periodic performance evaluation and how it will be conducted
termination of the contract, i.e., a notice of termination, etc.
Instructions
This is an application-oriented Activity. You will not find verbatim answers
anywhere. Engage in critical thinking and review all this week’s assigned readings in
Overview. You may also need to review previously assigned materials in weeks 2
and 3.
Report You Need to Prepare: To begin developing a contract between Clean and
its cleaning clients, prepare a report that addresses the following (note that this is
for a contract with Cleans clients and not Clean’s employees).
1. Identify five contract terms and conditions – other than price – that should be
included in the Clean contract with its cleaning clients.
2. Analyze and briefly discuss why each term is essential to include in a Clean client cleaning contract.
Tips for Formatting Report: The report should use the following format
REPORT
TO:
Winnie James, Ralph Anders
FROM:
(your name)
DATE:
RE:
Terms of Contracts With Clients
Contract Terms and Conditions
1.
2.
3.
4.
5.
Week 1, 2, 3 material that can be used for reference
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s04introduction-to-law-and-legal-.html
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s06courts-and-the-legal-process.html
https://saylordotorg.github.io/text_government-regulation-and-the-legal-environment-of-business/s07constitutional-law-and-us-comm.html
https://www.diffen.com/difference/Civil_Law_vs_Criminal_Law
https://www.law.cornell.edu/wex/tort%E2%80%8E
https://www.law.cornell.edu/wex/intentional_tort
https://www.law.cornell.edu/wex/negligence
https://www.law.cornell.edu/wex/strict_liability
https://www.justia.com/injury/negligence-theory/comparative-contributory-negligence/
https://www.justia.com/injury/negligence-theory/assumption-of-risk/
https://www.findlaw.com/injury/accident-injury-law/elements-of-a-negligence-case.html
https://saylordotorg.github.io/text_advanced-business-law-and-the-legal-environment/s10introduction-to-tort-law.html
https://www.nolo.com/legal-encyclopedia/what-premises-liability.html
https://www.wcc.state.md.us/Gen_Info/WCC_Benefits.html
https://www.law.cornell.edu/wex/implied_warranty_of_merchantability
https://www.law.cornell.edu/wex/negligence
https://www.law.cornell.edu/wex/products_liability
https://www.law.cornell.edu/ucc/2
https://saylordotorg.github.io/text_law-for-entrepreneurs/s20-products-liability
https://corporate.findlaw.com/litigation-disputes/product-liability-manufacturing-defects-vs-designdefects.html
https://www.lawteacher.net/free-law-essays/contract-law/exploring-warranties-and-product-liabilitycontract-law-essay.php
https://www.law.cornell.edu/ucc/2/2-314
https://www.law.cornell.edu/ucc/2/2-315
https://www.law.cornell.edu/ucc/2/2-313
https://www.law.cornell.edu/ucc/2/2-316
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