for emma

ASSINGMENT 1 :To:       Associate Attorneys

 

To:       Associate Attorneys

From:   David Krull

RE:       Interested Director

Dear Associate Attorneys,

One of our clients is Snike, Inc. Snike’s Chairman & CEO, Betty Baus, has contacted us about a situation involving one of the Snike’s Directors of the Board, Denny Downs. Ms. Baus reports that recently Snike’s Board of Directors unanimously agreed to the process of purchasing a new manufacturing facility for producing the Company’s merchandise. Shortly after this decision one of the directors – Denny Downs – purchased a facility that would meet Snike’s needs. 

Please read Sanders v. E-Z Park, which is located in the Week 3: Case Brief Module on Canvas. In reading Sanders v. E-Z Park, please attempt to determine whether an action by a interested director voids an action by a corporation’s board of directors? If you do a good job, Snike might give us some more business!!!

For the UNDER part of your Issue Statement please write it as follows: UNDER the Duty of Loyalty, IS…, WHEN

Once you have watched the lecture, and read Sanders v. E-Z Park, please write a one-page Case Brief on Sanders v. E-Z Park, following the Directions and Grading Rubric below.

This assignment is worth 20 points toward your final grade.

Directions:

  1. One (1) page
  2. Times New Roman 12-point font ONLY
  3. 1” X 1” margins
  4. Use the case citation listed above NOT the one on the document I sent you.
  5. Title the document: “Your Name Case Brief” Example: “John Doe Case Brief”
  6. This is an independent assignment, which means you may not work on this assignment with fellow students, or anyone else. Further, you MAY NOT use outside sources for this assignment. Any information required to complete the Case Brief can be found in the Sanders v. EZ-Park document. If you have any questions e-mail me via Canvas Mail.
  7. Evidence of working with another student on this assignment will result in a ZERO for the assignment and the filing of Student Conduct Report with the Associate Dean of Academics. 
  8. Failure to include all parts of the case brief will result in a deduction in points
  9. Proof read; Spelling & Grammar Check
  10. Word, RTF, or Google documents only.
  11. When completed: submit your work to me via the Canvas Assignment Dropbox.

No late submissions will be allowed!

Grading Rubric:

  1. Caption: 1 pt.
    1. Did the student use the correct case name?
    2. Citation: 1 pt.
      1. Did the student provide the official case citation?
    3. Statement of Facts: 3 pts.
      1. Did the student provide the essential facts of the case as they relate to the case holding?
    4. Issue Statement: 5 pts.
      1. Did the student use the “UNDER… IS… WHEN…” Issue Statement Format?
      2. Did the student apply the correct fiduciary duty UNDER which the case was decided?
      3. IS the question the court was addressing actually addressed by student?
      4. Did the student use pertinent case facts WHEN they wrote the Issue Statement?
    5. Rationale: 5 pts.
      1. Did the student discuss the court’s analysis if the constitutional amendment?
      2. Did the student discuss cases the court addressed in its opinion?
      3. Did the student discuss the facts the court thought pertinent to its resolution of the question at hand?
    6. Holding: 5 pts.
      1. Did the student correctly identify the court’s holding?

 

 

 

 

 

 

 

ASSINGMENT 2:In this week’s lesson we learned about the concept of Respondeat Superior – also known as Vicarious Liability. Essentially, this means that an employer is liable for the Contractual and Negligence Liabilities of his or her employees. Say as an example, Owen is the owner of Owen’s Trucking. Owen has repeatedly told his employee – Eddy – to make sure the rear door to his (Eddy’s) delivery truck is shut and locked. One day Eddy forgot to shut and lock the door, and as always happens, the rear door to the truck came open causing cargo to fall out. The cargo struck a car – driven by Patty – doing damage to Patty’s car. In such a case, even though Owen instructed Eddy to shut the door, Owen would still be liable to Patty for Eddy’s negligence. Of course, Eddy is also liable, but since Owen is the business owner, it is presumed he has more money that Eddy to pay off the damages Patty is owed. 

In this week’s lesson we learned about the concept of Respondeat Superior – also known as Vicarious Liability. Essentially, this means that an employer is liable for the Contractual and Negligence Liabilities of his or her employees. Say as an example, Owen is the owner of Owen’s Trucking. Owen has repeatedly told his employee – Eddy – to make sure the rear door to his (Eddy’s) delivery truck is shut and locked. One day Eddy forgot to shut and lock the door, and as always happens, the rear door to the truck came open causing cargo to fall out. The cargo struck a car – driven by Patty – doing damage to Patty’s car. In such a case, even though Owen instructed Eddy to shut the door, Owen would still be liable to Patty for Eddy’s negligence. Of course, Eddy is also liable, but since Owen is the business owner, it is presumed he has more money that Eddy to pay off the damages Patty is owed. 

For this discussion write one Substantive Post in which you provide ONE argument in favor of Respondent Superior and ONE argument against Respondent Superior.

One Substantive Post = 6 Points; Two Reply Posts = 2 points each (for a total of 4 reply post points)

Total Points available for this Discussion = 10 Points

Remember, simply stating that your agree with another student’s post does not suffice. You must actually comment on the substance of the other student’s post.

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