Learning Team A

Workshop 3

Assessed Question 1: What are some special issues that arise in Internet transactions? What should business managers do to protect their organizations in Internet transactions? Avoid discussing an issue already mentioned by other students.

I do not know if this helps however here is my response to the assessed question.

Whereas there is no universally recognized international court nor does a consistently internationally enforceable established doctrine of criminal or tort law exist it is imperative for any business that intends to do business internationally over the internet or by any other means do so with caution. A business can not assume that the standards of tort law that exist in their country of incorporation or even the standards that would be considered reasonable by any member of western civilization are going to be applied universally as the business distributes products internationally. Unfortunately a judgment based on the tort of negligence or liability could be passed summarily without consideration of proximate cause, causation, or even a jury trial. The only protection against such claims is to be very aware of the law of the land of any country the business intends to do business with.

Learning Objectives

Contract Risk and Opportunities

Analyze legal risk issues arising out of contract formation, performance, and remedies.

Evaluate measures business leaders can take to avoid risk in transactions.

Explain transaction risk arising in unique environments.

Required Reading and Assignments

Read Ch. 7, 13, 14, 15, and 17 of Business.

Read materials posted in course materials

Assignment: Recognizing Contract Risk and Opportunities

Conduct the “Contract Creation and Management” simulation found on your rEsource page. As you complete the simulation, identify the legal issues that are present and note the legal principles that apply to each of those issues you identified. Also, reflect on the related legal principles presented in the readings during this week.

Prepare a business memo to discuss what legal risks and opportunities arise in the “Contract Creation and Management” simulation. Identify what a manager can do to avoid those risks, minimize the liabilities, and benefit from the opportunities found in the simulation. Each legal risk or opportunity is governed by specific legal principles. Identify those principles and relate the specific measures managers can take to minimize legal risk or realize legal opportunities to these principles. Evaluate the alternatives that were presented to resolve the problems identified in the simulation. Explain which alternative approach you believe is best and why.

Write your memo in 1,400 words or less following APA format.

Post your assignment as a Microsoft Word Attachment

 Summary of Week 3 Deliverables

Collaborate to identify the legal issues and principles that are present in the simulation. Share your findings with your teammates, and discuss any issues you identified that they did not. Ask for clarification on issues your teammates identified that you did not find. At the end of the collaboration, each team member must produce a table that displays the issues and principles that are relevant to the “Business Regulation” simulation.

This is an opportunity for us to help each other out. I will go through the simulation and post anything I find as a comment on this post.

Please do the same!!!!

Learning Objectives

Tort and Regulatory Risk

Propose actions a company can take to avoid tort liability and litigation.

Propose actions a company can take to avoid product liability risk.

Assess methods for managing legal risk arising out of domestic and international regulatory matters.

Required Reading and Assignments

Read Ch. 5, 10, 11, and 12 of Business.

2. Read materials posted in course materials.

3. Assignment: Recognizing and Minimizing Tort and Regulatory Risk

Conduct the “Business Regulation” simulation found on your rEsource page. Identify legal issues that are present in the simulation and note the legal principles that apply to each of the issues you identified. Some issues may be more obvious than others. Repeat the simulation as much as needed to be sure you have identified all the legal issues and their corresponding legal principles.

In your learning team:

Collaborate to identify the legal issues and principles that are present in the simulation. Share your findings with your teammates, and discuss any issues you identified that they did not. Ask for clarification on issues your teammates identified that you did not find. At the end of the collaboration, each team member must produce a table that displays the issues and principles that are relevant to the “Business Regulation” simulation.

Individually:

Use the table you created from your learning team collaboration to write a plan for a company like Alumina explaining how regulatory risks such as tort liability can be identified and managed through preventive, detective, and corrective measures. The plan must clearly identify common torts and other regulatory risks as found in the simulation and the textbook. The plan must also describe specific measures to manage each individual risk.

Write your plan in 1,400 words or less following APA format.

Post your assignment as a Microsoft Word attachment

4. Respond to the discussion questions posed by your instructor

 Summary of Week 2 Deliverables

Hi Gang,

I am confused about the paper that is due on week two…I did the simulation but I am not sure how I am supposed to relate it to the paper…can someone give me some guidance? I talked to Peggi this morning about the paper and we would like to get Shannon and Daniel’s input too…can you two email us back or call…

Daniel and Shannon can you please post your phone numbers so I can call you when I get stuck…you two seem to have a better handle on this business stuff then me… I have only worked for the government and they make up their own rules.

Happy Memorial Day…

Karen

“”Dispute Resolution. Any dispute or controversy arising out of or relating to this Agreement or its interpretation shall be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The arbitration shall be conducted in Chicago, Illinois, U.S.A., before a sole arbitrator. Any award referenced in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.”

EBOOK COLLECTION: Ch. 4 of Jennings, M. M. (2006). Business: Its legal, ethical, and global environment (7th ed.). Mason, OH: Thomson.

An ADR is an agreement where we agree that when we do disagree at some point in the future we will go to Arbitration or Mediation before going to court.

I am going out of town for the Memorial Day weekend so I am not going to make it to class on Thursday night.

 There is no syllabus on the website as of yet.

 I have no idea how to write a 350 word ADR. I am going to read the text and try to figure it out before Thursday.

I could not find the syllabus so here is the break down from the website.

WEEK 1 – TOPIC 1: LEGAL SYSTEMS OF BUSINESS

Objectives

Explain traditional litigation and its application to business transactions.

Create an alternative dispute resolution best suited to a common business issue.

Describe how the legal system functions to resolve business problems.

Materials

Ch. 1 Textbook Resource: Research Problem

Ch. 1 Textbook Resource: Internet Activities

Ch. 1 Textbook Resource: Power Point

Ch. 3 Textbook Resource: Research Problem

Ch. 3 Textbook Resource: Internet Activities

Ch. 3 Textbook Resource: Power Point

Ch. 4 Textbook Resource: Research Problem

Ch. 4 Textbook Resource: Internet Activities

Ch. 4 Textbook Resource: Power Point

Week One Student Road Map

Week One Mind Map

Week One Content Outline

Assessment

Prepare an Alternative Dispute Resolution (ADR) clause that can be used by a learning team to resolve disagreements among the learning team members. This ADR clause should be suitable for use by any learning team in any course of your program. 

Includeat least one type of ADR in the clause; however, more than one type may be included. The clause must provide all information necessary to define what disputes are subject to ADR and identify all provisions necessary to enable ADR to occur. The clause must also provide all the information needed for the ADR process to work effectively, leaving no question about the process unanswered.

Writeyour ADR clause in 350 words or less following APA format.