Overview
Contracts are the heart and soul of commercial transactions. Different types of contracts bind parties together in business dealings. Review contracts that you have signed recently—a lease, an employment agreement, an extended warranty—to examine not only the language but also the scope of these agreements. Examine the language in the contract that outlines how disagreements will be resolved and the penalties that adhere to either party for breach of the contract.
If you have never researched or read court cases before, you may find it unusual at first. The purpose of this assignment is to:
Give you the opportunity to research and investigate a real court decision.
Challenge you to think about the business implications of the case and particularly how the case will impact a specific organization.
Challenge you to evaluate the role of contracts in commercial transactions.
Give you the opportunity to learn key judicial concepts that influence business decisions.
Preparation
The first step in preparing your case law analysis is to locate a published court decision and select an organization you believe would be impacted by the decision.
Choose a decision about contracts. In your briefing, you must be able to understand the court’s decision, summarize it, and evaluate it. You may choose any business-related court case, either state or federal, as long as it is relevant to contract law. Be sure it is a case where the court is called on to decide a question of contract law.
Select an organization not a party to the case that you believe would be impacted by that court decision. It can be an organization you work for or have worked for, an organization you would like to work for, or some other organization.
nstructions
Once you have selected a decision and an organization impacted by the decision, assume you’re a senior manager in the organization you selected and that you were asked to prepare an analysis of the court decision and brief the executive team of the organization about the impact the case might have on the company. Your briefing should include a summary of the case, as well as an evaluation of how the court’s decision impacts the organization from a business, legal, and ethical perspective. Be sure to list your case citation in the References page at the end of your assignment.
Step 1: Exhibit information literacy skills as applied to business law.
Identify the court, the parties who are before the court, and the date of the decision.
Ensure that your briefing provides an accurate context in terms of who brought the lawsuit and the outcome of the case.
Report research from a recognized authority that adds insight into the meaning, history, or impact of the case with relevant legal research from credible databases or online sources.
Step 2: Summarize the facts and ruling of a legal case and its impact on businesses.
Provide a brief background and context associated with the case. Summarize the facts in no more than 1–2 paragraphs.
Identify the specific disagreement between the parties. Was there a dissenting opinion? If so, explain it.
Summarize the court’s ruling, including its rationale.
Analyze the impact of the case on businesses, including both negative and positive impacts.
Step 3: Explain how the court decision impacts legal and ethical compliance in a business environment.
Identify the ethical and legal implications for a business that were suggested by the court’s decision.
Discuss whether or not the conduct of a party in the case was ethical or unethical.
Propose and explain an ethical theory that describes why a party’s conduct was ethical or unethical.
Step 4: Explain how a legal case could impact a specific organization not a party to the case.
Explain the impact of the court’s decision on your selected organization. In light of the court’s ruling, how might the executive team of the organization make future decisions or policy?
Additional Requirements
Based on your executive audience, your executive briefing should be no more than three pages, in addition to a References page, and should be well organized and written in clear, succinct language. Follow APA rules for attributing content to sources that support your analysis and conclusions.
Your submission should meet the following requirements:
Written communication: Write in complete sentences free from errors that detract from the overall message.
Font and font size: Arial, 12 point.
Format and length: Double spaced, 2–3 pages.
Citations: Include complete citations of your sources along with a References page.
RESOURCES
https://caselaw.findlaw.com/court/us-supreme-court
http://www.law.cornell.edu/supct/
http://www.nolo.com/legal-encyclopedia
https://www.oyez.org/
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