Identifying the areas where you do not accept their proposed terms and your counter-proposal.

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MSc Entrepreneurship and Innovation Management

BEMM386 Business Law and Mitigating Risk

Assessment: Summative assessment, Risk Audit and Commercial Scenario

% of Credit: 100%

Word Count:  3,500 words ± 10% (The word count is excluding the cover page, table of contents, appendices*, reference section, and signed plagiarism declaration)

*(Appendices must be appropriate and utilised within the main body of text or will not be considered for marking purposes).

The word count should be split between the 2 Parts, approximately equally.

Individual Risk audit and commercial scenario

During the module you will hear about a range of legal and commercial risk factors you will need to navigate when setting up, growing and maturing a business.

Your task in this assessment is to respond to a scenario based on what you have learned.

We expect you to explore literature to identify important factors that may determine risk and outcomes.

This should be supported predominantly by your review of literature (see the suggested reading on ELE).

Assignment Brief and Structure

Part 1 Risk Audit. Setting up your own business. You have a product or service past development stage and are ready to go to market.

  • What legal and commercial risk factors have you already considered and taken up to this point and what will you need to consider now to set up the business formally?
  • Consider the legal vehicle you will use and why.
  • What legal agreements will you need in place?
  • What Intellectual Property sits within the business and how have you protected it?

Part 2 Commercial Scenario. Based upon the Commercial Scenario on the next page prepare the following:

  • An informal set of Heads of Agreement/ Memorandum of Understanding. In bullet point format write:
    1. the key commercial and legal terms (the concepts) you want to include;
    2. any changes you want to negotiate to their proposed terms.

You do not need to observe any legal formalities for the agreement, this is to test your commercial awareness of how legal issues affect business transactions and your ability to identify risks and mitigate them.

  • Include a covering email to the other party identifying the areas where you do not accept their proposed terms and your counter-proposal. Remember, this is a negotiation, you want the contract but you also want to protect your business from major risks and financial failure.
  • Finally, briefly explain your reasoning for including the terms chosen in Part 2 (a) i. above and other major risks that this contract could pose to your business and how you might mitigate them.

Commercial Scenario:

You own the Good Bake with your co-founder Jo, it has become a well known artisan baked goods retailer which you have built up a strong and loyal following for over 3 years.

Having trained as a pastry chef in Paris you have developed your own secret recipes and processes in the production of some of the more innovative business products.

All ingredients are sourced at a premium locally, are organic and with high ethical standards so goods are sold at premium prices which your retail customers are happy to pay.

The business has expanded in to 3 city centre retail premises in the region, one of which contains the kitchen space for production. The business has 12 employees which are a mixture of part-time, full-time and casual.

Approximately 80% of revenue comes from retail sales in-store, 20% is derived from wholesale deliveries to restaurants, cafes and hotels in the local area but you and Jo have identified this as a huge growth market.

The business spends most of its gross income on supplies (ingredients, packaging, food labelling etc.), rent, payroll, and utilities. Gross income is around £900 per day. Costs are around £600 per day leaving a pre-tax profit of £300 per day.

You are approached by a luxury boutique hotel chain White Noise, who want The Good Bake to supply baked products fresh each morning to their hotels within a radius of 100km of your kitchen.

If things go well there is potential to expand nationally and subsequently internationally to the chain by exporting frozen part-baked goods for finishing locally within White Noise hotels using The Good Bake branding and logo.

In order to fulfil the contract, The Good Bake will need to expand production capacity by taking on new commercial kitchens and an additional 4 employees as well as a regulatory expert on food labelling, packaging and health & safety for the 4 sites. You will also need to lease a new delivery vehicle or find a distribution company to deliver for you.

White Noise have e-mailed you their proposed commercial terms below and have asked you to produce a heads of agreement which if approved will form the basis for a formal Supply of Goods contract.

  • The Good Bake shall produce and make available a minimum of 30 units per day to White Noise exclusively.
  • No minimum order quantity from White Noise.
  • Delivery to 5 x White Noise premises each day by 6.30am. Timing to be of the essence.
  • The Good Bake will be subject to a minimum contract term of 12 months.
  • White Noise reserve the right to terminate the contract at any time upon 3 months notice or immediately if The Good Bake breaches any of the terms.
  • Unit prices to be fixed at 50% of The Good Bakes current retail shop prices for the initial term of the agreement with no ability to increase.
  • Upon termination The Good Bake must deliver to White Noise their secret recipe and processes.

Compare and contrast the different forms of EU law and their operation

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1. Compare and contrast the different forms of EU law and their operation. Discuss the constitutional issues EU law creates for the UK’s political and legal systems.

You have been given the following fact pattern by Sofia Perez, one of the senior partners in your law firm. Ms. Perez would like you to prepare an opinion letter (for her signature) to Alison, explaining what her rights are, if any, to Kymberly’s estate.

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You have been given the following fact pattern by Sofia Perez, one of the senior partners in your law firm.

The firm represents Alison Nielsen. Last month, Alison’s only child, Kymberly, was killed in a car accident. Kymberly, who was 18 at the time of her death, had been a famous child actor and earned several million dollars during her career. For a period of time, Alison served as Kymberly’s manager but after several disagreements over money, Kymberly applied to court at age 16 and had Alison’s parental rights terminated. At the time of her death, Kymberly was not speaking with her father, Phillip Nielsen. Phillip and Alison divorced when Kymberly was a child and neither remarried nor had other children. Kymberly had never been married and left no children and no will.

Ms. Perez would like you to prepare an opinion letter (for her signature) to Alison, explaining what her rights are, if any, to Kymberly’s estate.

Choose three theories (at one micro-level, one macro-level theory, and Routine Activities Theory as a mid-level theory) to explain why someone would choose computer hacking.

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Watch the videos entitled Hackers and Rise of the Hackers.

Choose three theories (at one micro-level, one macro-level theory, and Routine Activities Theory as a mid-level theory) to explain why someone would choose computer hacking. Use examples from these films to help demonstrate these concepts.

Develop a deterrent strategy for future hackers reflecting your theoretical perspectives.

What kind of security risks might these devices pose? As computers become more integrated into our daily lives, how does the job of computer crime law enforcement units change? Provide two specific examples.

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Computers are becoming smaller, faster, and more powerful. They are also integrated into more devices, systems, and infrastructure. Currently it is possible to purchase a refrigerator with a built-in screen for World Wide Web access, and other home appliances are also available for incorporation into newly constructed or retrofitted “smart houses.” What kind of security risks might these devices pose? As computers become more integrated into our daily lives, how does the job of computer crime law enforcement units change? Provide two specific examples.

Discuss your own views about cybercrimes and punishment. Provide your own judgments about deterrent effects against committing cybercrimes such as sending out spam, launching denial-of-service (DoS) attacks, distributing malware, or committing credit card fraud.

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Discuss your own views about cybercrimes and punishment. Provide your own judgments about deterrent effects against committing cybercrimes such as sending out spam, launching denial-of-service (DoS) attacks, distributing malware, or committing credit card fraud. Should society strive to increase perceptions of the possibility of being caught and more harshly punished? Please elaborate with classical theoretical perspectives.

Does Steeple have a successful claim against Bond? On what basis? Would Steeple have a successful claim against Eagen? On what basis? Does Lark have any successful claims against Knight? Against Bond? Do any of the students who fled into corners have successful claims and against whom?

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Jack Bond, a renowned self-defense instructor working for a local community recreation center, wished to give a real life learning experience to his students. Unbeknownst to his class, Bond decided that he would surreptitiously pay an actor to come in to the middle of one of his classes and attack Bond. Then, Bond could show his class how to defend themselves in a real-world setting.

The actor, Christie Steeple, showed up one evening to class. She entered via the side door and immediately began screaming at Bond that he was a “no-good man” and that “he was going to get what he had coming to him.” She then charged at him and began to choke him.

As he was being choked and was about to demonstrate his self-defense tactics, one of his students, Kelly Knight, ran forward and attempted to stab Steeple with a pen in an effort to protect her teacher. Unfortunately, because Knight is new to class, she had bad aim and missed Steeple – striking another student, Larry Lark, in the leg. However, Bob Eagen has been a member of the class for months. He used a manipulative technique to throw Steeple down to the ground and while doing so broke her arm.

As Bond feared, several students did not know how to react to what they perceived as an actual attacker. They cowered in fear in corners screaming and sobbing and required months of intensive counseling after the incident in order to regain their confidence.

Sadly, one of the students, Sandy Slep, was so devastated after watching what she believed was an actual attack that she fled the building. She sprinted across the street and was struck by a car – killing her instantly.

Additionally, analyze the following scenarios:

  • Does Steeple have a successful claim against Bond? On what basis?
  • Would Steeple have a successful claim against Eagen? On what basis?
  • Does Lark have any successful claims against Knight? Against Bond?
  • Do any of the students who fled into corners have successful claims and against whom?
  • What claims revolve around Sandy Slep and against whom?

Lastly, be sure to analyze what types of damages would be awarded in successful claims and why those damages are appropriate.

Discovery files a motion for summary judgment and Semmler opposes the motion. Explain whether the judge should grant the motion under Rule 56(a) of the Federal Rules of Civil Procedure?

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Sally Semmler files a lawsuit against her employer, Discovery Software Corporation, alleging that the company discriminated against her because of her sex. Specifically, she alleges that she has not received a promotion because of her sex. After the close of discovery, the evidence shows:

(1) that females have been promoted at the same levels as males in the company and (2) that Semmler is often late to the office and has lower than average evaluations.

Discovery files a motion for summary judgment and Semmler opposes the motion. Explain whether the judge should grant the motion under Rule 56(a) of the Federal Rules of Civil Procedure?

Prepare a legal memorandum. The memorandum must analyze and address whether the proposed congressional amendment would violate Article III of the U.S. Constitution and why;analysis must compare and contrast, and present arguments for both sides of this legal issue

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The University of Virginia case involving alleged violations of the Human Cloning Act (HCA) is one of the most complex investigations the BORS has faced. The case involved diverse legal issues that raised questions of whether the HCA and the BORS legal authority is sufficient to handle such complex cases that might arise in the future. Consequently, the BORS has been in consultation with U.S. Congressional committees about the question of expanding the scope of the BORS authority.

U.S. Congress is proposing a congressional amendment to the HCA that would delegate all judicial review and legislative authority to the BORS relevant to human cloning.

Holland has tasked you with researching and analyzing the constitutionality of a proposed amendment delegating this judicial and legislative authority to the BORS.

Facts: As a general rule, state law governs private and commercial transactions. U.S. Congress, however, is proposing an amendment to the HCA that would delegate broad legislative and judicial authority to the BORS. Under this amendment, the BORS would adjudicate all claims and counterclaims for any disputes that arise out of, or related to, commercial transactions between entities for buying and selling of laboratory and medical instruments, techniques, and research procedures on human cloning.

This judicial review authority would include all common law claims and counterclaims relevant to these human cloning commercial transactions. The counterclaims might be ancillary to, and dependent upon, the original claim, but this is not a requirement under the amendment.

The amendment to the HCA would give the BORS exclusive jurisdiction to adjudicate these claims and counterclaims. In addition, the BORS could order all parties to the claims to comply with the BORS adjudication decisions relevant to these claims and counterclaims. A primary check on the proposed BORS’ adjudication authority is that its decisions would be subject to arbitrary and capricious judicial review by the U.S. State Court of Appeals for the District of Columbia Circuit. Also, any parties subject to the BORS judicial decisions could petition the U.S. Supreme Court via a Writ of Certiorari.

Instructions: Prepare a legal memorandum that analyzes the constitutionality of a Congressional amendment that delegates judicial and legislative authority to the BORS, as described above in Facts.

The memorandum must analyze and address:

(1) whether the proposed congressional amendment would violate Article III of the U.S. Constitution and why;analysis must compare and contrast, and present arguments for both sides of this legal issue.

(2) whether U.S. Congress could change the amendment to increase the likelihood that the U.S. Supreme Court would conclude that the amendment is constitutional under Article III of the U.S. Constitution and why;specifically explain why/how any changes could increase the likelihood that the U.S. Supreme Court would find the amendment constitutional under Article III of the U.S. Constitution.

Refer to the Background and Information materials in the Background and Information module in Content for details and the Human Cloning Act (HCA).

Is policing better off today than it was in the 20th Century? Is the de-escalation tactic over-used and or under used?

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Present day, it is evident that policing is going to be reformed in reference to the use of physical force, I believe that extreme constrictions will be mandated, and policing will be revolutionized once again. I will focus on the 21st Century Policing Initiative that has been in the execution stages for the past few years. The community policing elements of this policing initiative have been validated and effective but the elements redressing the use of force have not been as smoothly accepted and transitioned.

The current unrest and national climate that has been exasperated due to the unfortunate incident in which the life of George Floyd was ended by a uniformed commissioned police officer. The repercussions of the pressures from activist and politics that will inevitably have a national impact and revolutionize police operations and tactics.  I am and personally will be experiencing and responsible for leading officers through the rule changes and weathering the contempt for police behaviors by the people police are to serve and protect.

  • Is policing better off today than it was in the 20th Century?
  • Is the de-escalation tactic over-used and or under used?
  • Are the police safer?
  • Is the community safer?
  • Due to the current unrest our nation is experiencing and the shift in our political climate, is now the right time to review the use of force aspects?
  • What are the accepted “rules of engagement?
  • Are officers being hesitant in using force, placing themselves and the public at risk?
  • Will law makers need to enact legislation to redefine the vindication for use of force?