Timmco Case Study
[WLOs: 1, 2, 3] [CLOs: 1, 2, 3, 4, 5]
This final paper is comprehensive reflection of the knowledge you have learned in this course. Thus, prior to beginning work on this assignment, review each of the chapters of the course textbook. Then, review the following case study:
Timmco Case Study
Timmco, Inc. is a publicly traded corporation located in Denton, Texas that makes and sells high pressure industrial spraying equipment used in all sorts of commercial liquid spraying applications. It prides itself on top quality and promotes its products as “100% made in the USA”.
Sales have been declining recently due to competition from lower priced competitors and Timmco is looking for ways to reduce costs. One option under consideration is to find a new source for the high-pressure valves used in its products. These valves are complicated mechanisms that operate under very high internal pressure. If the valve was to burst, it would spray pieces of metal in all directions and pose a significant hazard to anyone standing nearby including the operator of the equipment. Timmco currently has a contract to purchase 1,000 valves a year at $2,500 per valve from Blagg Industries, a small privately owned business located in Boone, North Carolina. The contract has been in place for three years and has two more years to run.
Blagg Industries has a dozen employees. Timmco is its primary customer. If Blagg Industries loses Timmco’s business, it will have to lay off employees and might even go out of business.
Timmco is considering outsourcing the valves from Sanco, an overseas supplier in the country of Slawrovia, instead of buying valves from Blagg Industries. The Sanco valves only cost $1,000 each, but are known to be of lower quality than the Blagg Industries valves and are more likely to burst. Sanco can supply these valves at such low cost because they pay their workers, including children, less than the equivalent of $5 per day and work them long hours in hot, dangerous conditions.
Slawrovia is a poor country, but it has a large government bureaucracy and there is a lot of red tape involved in getting approval to export manufactured goods to other countries. In fact, it might take more than a year for Sanco and Timmco to obtain the necessary approvals for Sanco to export the valves to Timmco. Fortunately, the CEO of Sanco is related to the Slawrovia Minister of Commerce and has told Timmco that the necessary approvals can be obtained in less than a week if Timmco makes a $20,000 “gift” to the Slawrovia Minister of Commerce.
In addition to finding a new, low cost valve supplier, Timmco plans to increase sales by running a new marketing campaign that focuses on their commitment to American made quality. The tagline will be “Made in the USA by Americans, for Americans.”
You are a high-level executive at Timmco. Analyze the legal and ethical issues presented by the Timmco scenario. Your legal and ethical analysis should include breach of contract and remedies, negligent torts, product liability, the Foreign Corrupt Practices Act, and deceptive advertising and should incorporate a discussion and application of one or more of the ethical theories from Chapter 4 of the course textbook Business law: The Ethical, Global, and E-Commerce Environment.
Your legal and ethical analysis should,
Analyze breach of contract and remedies
Analyze negligent torts
Analyze product liability
Analyze the Foreign Corrupt Practices Act
Analyze deceptive advertising
Incorporate a discussion and application of one or more of the ethical theories from Chapter 4 of the course textbook Business Law: The Ethical, Global, and E-Commerce Environment.
The Timmco Case Study final paper
Must be eight to ten double-spaced pages in length (not including title and references pages) and formatted according to APA Style as outlined in the Writing Center’s APA Formatting for Microsoft Word resource.
Must include a separate title page with the following:
Title of paper in bold font
Space should appear between the title and the rest of the information on the title page.
Student’s name
Name of institution (The University of Arizona Global Campus)
Course name and number
Instructor’s name
Due date
Must utilize academic voice. See the Academic Voice resource for additional guidance.
Must include an introduction and conclusion paragraph. Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper.
For assistance on writing Introductions & Conclusions as well as Writing a Thesis Statement, refer to the UAGC Writing Center resources.
Your legal analysis should follow the IRAC method introduced in Week 1.
Must use at least seven credible sources in addition to the course text.
The Scholarly, Peer-Reviewed, and Other Credible Sources table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
Must document any information used from sources in APA Style as outlined in the UAGC Writing Center’s APA: Citing Within Your Paper guide.
Utilize correct APA formatting for legal sources include case law and legislation. See the Citing Legal Sources resource from the UAGC University Library as well as the Citing Legal Materials in APA Style from California State University, Stanislaus, for assistance.
Should avoid over-dependence on direct quotes. Direct quotes are a great way to strengthen our assertions and provide support. However, be sure to avoid using excessive direct quotes in lieu of original thought. Direct quotes will not meet the requirement for analysis, application, and critical thinking. Please ensure to not overuse direct quote so that you can avoid losing points for this.
Must include a separate references page that is formatted according to APA Style as outlined in the UAGC Writing Center. See the APA: Formatting Your References List resource in the UAGC Writing Center for specifications.
IRAC method:
When researching a business legal issue or interacting with the company attorney, it is important to “think like a lawyer.” It is difficult to understand how to interpret case law, statutes, regulations, and other sources of law unless you understand how lawyers (and judges) think. Basically, lawyers follow the IRAC model:
Issue
Rule
Analysis
Conclusion
They gather the facts and identify the issue or issues, do some research to find the rule of law (or rules of law) that will apply, do the analysis by applying the law to the facts, and then reach a conclusion.
Category: Law & Ethics in Business Management
Religious Discrimination: Reasonable Accommodations
[WLOs3] [CLOs: 1, 2]
Prior to beginning work on this assignment,
Review the clips from You Be the Judge – Religious Discrimination: Case Argument, Defendant Profile, Plaintiff Profile, Defendant Reaction, Plaintiff Reaction.
Review the cases:
EEOC v. Alamo Rent-A-Car LLC, 432 F. Supp. 2d 1006 (D. Ariz. 2006)
Tiano v. Dillards Department Stores, Inc., 139 F.3d 679 (9th Cir. 1998)
Cloutier v. Costco Wholesale Corp., 390 F.3d 126, 136 (1st Cir. 2004)
Review Chapter 51 of the course textbook.
Assume the role of the judge in the burger joint case. Analyze the legal issues presented by the parties and state how you would rule on each of the issues presented. Remember that your ruling should be based on your legal analysis and not on your own personal views. Use the IRAC method to apply the law to the facts and reach a legal conclusion based on your analysis.
Your legal analysis should summarize the legal framework that applies to religious discrimination cases under Title VII (see EEOC v. Alamo Rent-A-Car LLC[2006], Tiano v. Dillard Department Stores, Inc. [1998], and Cloutier v. Costco Wholesale Corp. [2004]) and then:
Determine whether Ms. Djarra established a prima facie case of religious discrimination against her by Mr. Johnson.
Discuss whether Mr. Johnson made a good faith effort to offer reasonable accommodations to Ms. Djarra or whether Mr. Johnson could not reasonably accommodate Ms. Djarra without undue hardship.
Identify the types of damages available under Title VII and the type and amount of damages to be awarded to Ms. Djarra, if any.
The Religious Discrimination – Reasonable Accommodations analysis
Must be four to five double-spaced pages in length (not including title and references pages) and formatted according to APA Style as outlined in the Writing Center’s APA Formatting for Microsoft Word resource.
Must include a separate title page with the following:
Title of paper in bold font
Space should appear between the title and the rest of the information on the title page.
Student’s name
Name of institution (The University of Arizona Global Campus)
Course name and number
Instructor’s name
Due date
Must utilize academic voice. See the Academic Voice resource for additional guidance.
Must include an introduction and conclusion paragraph. Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper.
For assistance on writing Introductions & Conclusions as well as Writing a Thesis Statement, refer to the UAGC Writing Center resources.
Must use at least three credible sources in addition to the course text.
The Scholarly, Peer-Reviewed, and Other Credible Sources table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
Should follow the IRAC method introduced in Week 1.
Must document any information used from sources in APA Style as outlined in the UAGC Writing Center’s APA: Citing Within Your Paper guide.
Utilize correct APA formatting for legal sources include case law and legislation. See the Citing Legal Sources resource from the UAGC Library as well as the Citing Legal Materials in APA Style from California State University, Stanislaus, for assistance.
Should avoid over-dependence on direct quotes. Direct quotes are a great way to strengthen our assertions and provide support. However, be sure to avoid using excessive direct quotes in lieu of original thought. Direct quotes will not meet the requirement for analysis, application, and critical thinking. Please ensure to not overuse direct quoteso that you can avoid losing points for this.
Must include a separate references page that is formatted according to APA Style as outlined in the UAGC Writing Center. See the APA: Formatting Your References List resource in the UAGC Writing Center for specifications.
Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.
Sources:
– case argument:
https://www.viddler.com/embed/3a9062ec/?f=1&autoplay=0&player=full&disablebranding=0
– defender profile:
https://www.viddler.com/embed/40fe6a3/?f=1&autoplay=0&player=full&disablebranding=0
– plaintiff profile:
https://www.viddler.com/embed/7809aa51/?f=1&autoplay=0&player=full&disablebranding=0
– defendant reaction:
https://www.viddler.com/embed/d926e64f/?f=1&autoplay=0&player=full&disablebranding=0
– plaintiff reaction:
https://www.viddler.com/embed/40d12d2e/?f=1&autoplay=0&player=full&disablebranding=0
Text
Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business law: The ethical, global, and digital environment (18th ed.). McGraw-Hill.
Negligent Tort Liability
[WLOs: 1, 2, 4] [CLOs: 1, 2]
Prior to beginning work on this assignment,
Review Chapter 7 and Chapter 36 of the course textbook.
Review the cases Malorney v. B&L Motor Freight, Inc., 496 N.C.2d 1086 (Ill. Ct. App. 1986), and Raleigh v. Performance Plumbing and Heating, 130 P.3d 1011 (Colo. 2006).
Superior Electrical (Superior) was in the business of installing electrical wiring and related components at new construction sites. Because some employees were assigned company vehicles equipped with company tools and materials and were expected to drive those vehicles to the work sites, Superior required all employment applicants to hold a valid driver’s license. Employees who were assigned a company vehicle were expected to drive for the company during the workday in order to transport job materials and company tools that were kept on the vehicle to job sites. These employees were expected to take the company issued vehicle home at the end of the work day.
Superior hired Cory Jones as an apprentice electrician. Jones had completed an employment application in which he stated that he had a valid driver’s license and had not been cited for any traffic violations. These statements were untrue. His license had been suspended because of numerous traffic violations, including careless driving and driving without a license. Superior did not check on his driving record at the time he was hired because, as an apprentice electrician, he was not being assigned a company vehicle and was not expected to drive for the company during the work day.
About a year after hiring Jones, Superior promoted him to electrician and assigned Jones a company vehicle equipped with a rack for transporting wiring and other materials to and from the work sites. Superior intended that Jones drive during the day for the company and to take the vehicle home after the end of the work day. On a later date, when Jones’s work hours had ended and he was driving home in the company vehicle, he collided with two cars. The collision resulted solely from Jones’s negligence. Carolyn Carson and her son were severely injured in the collision and they sued Superior. The Carson’s alleged two theories of recovery against Superior: respondeat superior and negligent hiring.
Write a four- to five-page paper (not including title and references pages) that addresses the following:
Identify and discuss the legal elements of negligent hiring.
Apply those elements of negligent hiring to the facts given in the case.
Analyze whether Superior would be liable for negligent hiring.
Identify and discuss the legal elements of respondeat superior.
Apply those elements of respondeat superior to the facts given in the case.
Analyze whether Superior would be liable on respondeat superior grounds.
The Negligent Tort Liability paper
Must be four to five double-spaced pages in length (not including title and references pages) and formatted according to APA Style as outlined in the Writing Center’s APA Formatting for Microsoft Word.
Must include a separate title page with the following:
Title of paper in bold font
Space should appear between the title and the rest of the information on the title page.
Student’s name
Name of institution (The University of Arizona Global Campus)
Course name and number
Instructor’s name
Due date
Must utilize academic voice. See the Academic Voice resource for additional guidance.
Must include an introduction and conclusion paragraph. Your introduction paragraph needs to end with a clear thesis statement that indicates the purpose of your paper.
For assistance on writing Introductions & Conclusions as well as Writing a Thesis Statement, refer to the UAGC Writing Center resources.
Must use at least three credible sources in addition to the course text.
The Scholarly, Peer-Reviewed, and Other Credible Sources table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
Must document any information used from sources in APA Style as outlined in the UAGC Writing Center’s APA: Citing Within Your Paper guide.
Utilize correct APA formatting for legal sources include case law and legislation. See the Citing Legal Sources resource from the UAGC Library as well as the Citing Legal Materials in APA Style from California State University, Stanislaus, for assistance.
Should avoid over-dependence on direct quotes. Direct quotes are a great way to strengthen our assertions and provide support. However, be sure to avoid using excessive direct quotes in lieu of original thought. Direct quotes will not meet the requirement for analysis, application, and critical thinking. Please ensure to not overuse direct quote so that you can avoid losing points for this.
Must include a separate references page that is formatted according to APA Style as outlined in the UAGC Writing Center. See the APA: Formatting Your References List resource in the UAGC Writing Center for specifications.
Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.
Sources are attached via attachments
Text:
Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business law: The ethical, global, and digital environment (18th ed.). McGraw-Hill.