Description:
• Individual written task.
• Questions answered in order, numbered (1.a.) and in essay format. No bullet points.
• Answer the following questions in a single document using the information given to you throughout the course and additional research.
• Your answers are to be based on laws in the USA, you must choose a particular state. IE. California, Illinois, etc
• You must research and find the laws or regulations that correspond to the questions that you are answering from the USA.
• Remember to use Harvard citations in the document. Use in-text citations to indicate your sources.
1. James has askedyoutohelphimidentifyandanalyzewhat companyformationoptionshehasavailable in a particular state. (Cite the Laws)
a. Please advise him on what it means to be a sole trader and the advantages and disadvantages.
b. Then explain to him the significance of opening an incorporated business. What are the advantages and disadvantages of this type of
business?
c. Then explain to him what is a Limited Liability Partnership? What responsibilities and liabilities do the partners have for themselves
individually, to the firm/to each other in the firm and to the public?
2. James realizes a few yearslaterthat hehas several competitors, and he would like to have an advantage over them.James is interested in the idea of
mergingwith oneofhis competitors. Cite your sources.
a. Explain to James what it means to merge with another company in the chosen state.
b. Then identify and explain the steps that he and the other party would need to take to merge their businesses together – remember to
cite the laws from your chosen state.
c. James was able to convince Mike, a competitor, to merge their companies together, explain to James what three separate groups of
professionals are recommended to be consulted to assist him with this merger. What are their purposes?
3. Unable to merger with one of his competitors James would like to know how he can acquire one of his competitor’s business even though
his competitor does not want to sell it to him. Cite your sources.
a. Explain to James what it means to acquire another company in the chosen state and the laws that govern.
b. Then identify and explain the steps that he would need to take to acquire a company when the owner does not want to sell –
remember to cite laws from your chosen state.
4. Imagine James merged with Mike’s company and they had signed a formal agreement merging the two companies and this arrangement
worked well for a few years but then James and Mike began to have serious problems inside the new company and James is threatening to
sue Mike in court. Cite your sources.
a. Explain to James what is means to sue for breach of contract in your chosen state and what James must prove to win a breach of
contract lawsuit.
b. Explain to James what it would mean if he wins the breach of contract case, what is the legal significance to their original contract?
c. Explain to James what it would mean if their original contract contains an Arbitration clause, how would that affect a potential lawsuit?
Formalities:
• Word count: 1000 to 1500
• PDF Format
• Cover page, Table of Contents, References and Appendix are excluded of the total word count.
• Font: Arial 11 pts.
• Text alignment: Justified.
• You are encouraged to quote, laws, regulations, relevant publications, such as academic journals and books, case studies or business reports to
support your arguments.
• To find relevant publications, you may browse through EBSCO (link is on Moodle) and/or Google Scholar, where you’ll find access to many
publications.
• The in-text References and the Bibliography must be in Harvard’s citation style.
Submission: Week 7 – Via Moodle (Turnitin). Submission is due Week 7, 14 March before 23:59 (Barcelona’s time).
Weight: This task is a 30% of your total grade for this subject.
Outcomes: This task assesses the following learning outcomes:
• Understand the role of law as a business and management tool.
• Identify different issues and laws applicable in the context of doing business.
• Examine the different legal approaches and legal tools available for the conduct of business.
Rubrics
Exceptional
90-100
Good
80-89
Fair
70-79
Marginal fail
60-69
Identification of
main
Issues/Problems
25%
Identifies and demonstrates a
sophisticated understanding of
the main issues / problems in
the case study
Identifies and demonstrates an
accomplished understanding of
most of the issues/problems.
Identifies and demonstrates
acceptable understanding of
some of the issues/problems in
the case study
Does not identify or
demonstrate an acceptable
understanding of the
issues/problems in the case
study
Analysis and
Evaluation of
Issues /
Problems
25%
Presents an insightful and
thorough analysis of all
identified issues/problems
Presents a thorough analysis of
most of the issues identified.
Presents a superficial
analysis of some of the
identified issues.
Presents an incomplete analysis
of the identified issues.
Development of
Ideas
and Opinions
25%
Supports diagnosis and
opinions with strong
arguments and welldocumented evidence;
presents a balanced and
critical view; interpretation
is both reasonable and
objective.
Supports diagnosis and opinions
with limited reasoning and
evidence; presents a somewhat
one-sided argument;
demonstrates little engagement
with ideas presented
Little action suggested
and/or inappropriate
solutions proposed to the
issues in the case study.
No action suggested and/or
inappropriate solutions
proposed to the issues in the
case study
Link to Legal
Theories and
Additional
Research
25%
Makes appropriate and
powerful connections
between identified
issues/problems and strategic
concepts studied in the course
readings and lectures;
supplements legal cases with
relevant and thoughtful
research and cites all sources
of information
Makes appropriate but
somewhat vague connections
between identified
issues/problems and concepts
studied in readings and lectures;
demonstrates limited command
of the analytical tools studied;
supplements legal cases with
limited research.
Makes inappropriate or little
connection between issues
identified and the concepts
studied in the readings;
supplements case study, if at all,
with incomplete research and
documentation.
Makes no connection between
issues identified and the
concepts studied in the readings;
supplements case study, if at all,
with incomplete research and
documentation.