MGMT 360 - LLC and a sole proprietorship
Question # 00561745
Posted By:
Updated on: 07/17/2017 07:19 AM Due on: 07/17/2017
Business and Professional Programs
Essay: 6 questions
None of these questions can be adequately/comprehensively answered in just a paragraph, so
be comprehensive, in depth in your answers, but be careful to not include irrelevant information.
___________________________________________________________________
1. 10 pts
Compare and contrast the differences between a LLC and a sole proprietorship.
2-4 paragraphs 2. 10 pts
Helena, Adam and Rusty formed a partnership to operate a computer store. One of Adam’s
jobs is to make deliveries of computers using the partnership truck. In one such delivery, Adam
negligently ran a stop sign, striking a car driven by Pauline causing damage to the car and injury
to Pauline.
A. Discuss the personal liability of Helena, Adam, and Rusty for the accident and injury
to Pauline.
B. Discuss the liability of the partnership entity for the accident and injury to Pauline.
2-3 paragraphs 3. 10 pts
Joann was on vacation in Vermont. She had reservations for herself and her car on an auto
ferry crossing Lake Vermont. Because she had an electric scooter mounted upright on a roof
rack on her car, she had to use a special lane on the ferry that was reserved for motor homes,
vans and other high height vehicles.
Upon loading the ferry, these high height vehicles were parked in Lane C, one of six parallel
lanes on the auto deck of the ferry. When the drivers returned to their vehicles upon crossing
the lake, they were directed to drive off the ferry by ferry employees. The driver of a pickup parked immediately in front of Joann’s car on the ferry had not returned by the time all the cars
from other lanes had exited. Joann was left waiting for the pickup to be moved so she could
drive her car and scooter off the ferry.
When the pickup owner had not returned after 15 minutes, a ferry employee motioned Joann to
turn left into an adjacent lane to exit the ferry rather than continue to wait for the pickup to be
moved. Joann followed the employee’s hand signals and moved her car out of Lane C and into
the adjacent left lane. Unfortunately, her scooter on top of her car struck a low clearance pipe
in the adjacent lane and was damaged beyond repair.
Joann wants to sue the ferry company. Discuss the legal claim(s) for which she could sue the
ferry company, and the likely outcome of such a lawsuit. Explain reasoning in detail.
2-4 paragraphs 4. 10 pts
Following a heavy rain storm, Beth’s Bakery was flooded with 2 inches of water. Employees
mopped and dried the floor of the bakery as much as possible, but there were still water spots
throughout the bakery, and a 1 inch deep pool of water located about 2 feet inside the entrance.
Beth wanted to open the bakery on time, so she posted a sign outside the bakery warning
customers of wet floors inside the entrance. Marvin entered the bakery, slipped on the water
inside the entrance and broke both wrists.
Discuss whether Beth’s Bakery is liable to Marvin for his injuries and why or why not.
If Marvin sues Beth’s Bakery for his injuries, will he likely win the lawsuit? 5. 5 pts Paul was participating in a charity bicycle marathon, sponsored by Volunteers in Action, a local
philanthropic organization. During the race, Paul crashed his bicycle into another biker, fell and
broke his arm. The other biker was not injured.
Would Paul have a valid legal claim to sue Volunteers in Action to recover for his injury?
If yes, what would be the legal claim for which he could sue?
If no, discuss why Paul would not have a valid legal claim against Volunteers in Action. 2-4 paragraphs 6. 15 pts
Jeff is a new member of Wellness Fitness Center, Inc. (Wellness). He signed a contract for the
membership. The contract stated, among other things, an exculpatory clause that Wellness…
“shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or
because death, personal injury, property damage or loss of any kind resulting from or
related to Member’s use of facilities or participation in any sport, exercise or activity
within the club premises…”
While working out at Wellness, Jeff was walking slowly on a stair climber machine that suddenly
and spontaneously started moving at top speed. Jeff was thrown from the stair climber and
broke his leg. Jeff had been using the stair climber properly and according to instructions for use
posted on the stair climber.
Discuss:
A. Is the exculpatory clause in the contract valid or invalid in Jeff’s case? Why or why
not?
B. Possible product liability claim(s) for which Jeff could sue Wellness, and why product
liability claims might be applicable to this case.
C. Possible ordinary (non-product liability) negligence claims for which Jeff could sue
Wellness and why a negligence claim might be applicable to this case.
1-2 paragraphs each part
Essay: 6 questions
None of these questions can be adequately/comprehensively answered in just a paragraph, so
be comprehensive, in depth in your answers, but be careful to not include irrelevant information.
___________________________________________________________________
1. 10 pts
Compare and contrast the differences between a LLC and a sole proprietorship.
2-4 paragraphs 2. 10 pts
Helena, Adam and Rusty formed a partnership to operate a computer store. One of Adam’s
jobs is to make deliveries of computers using the partnership truck. In one such delivery, Adam
negligently ran a stop sign, striking a car driven by Pauline causing damage to the car and injury
to Pauline.
A. Discuss the personal liability of Helena, Adam, and Rusty for the accident and injury
to Pauline.
B. Discuss the liability of the partnership entity for the accident and injury to Pauline.
2-3 paragraphs 3. 10 pts
Joann was on vacation in Vermont. She had reservations for herself and her car on an auto
ferry crossing Lake Vermont. Because she had an electric scooter mounted upright on a roof
rack on her car, she had to use a special lane on the ferry that was reserved for motor homes,
vans and other high height vehicles.
Upon loading the ferry, these high height vehicles were parked in Lane C, one of six parallel
lanes on the auto deck of the ferry. When the drivers returned to their vehicles upon crossing
the lake, they were directed to drive off the ferry by ferry employees. The driver of a pickup parked immediately in front of Joann’s car on the ferry had not returned by the time all the cars
from other lanes had exited. Joann was left waiting for the pickup to be moved so she could
drive her car and scooter off the ferry.
When the pickup owner had not returned after 15 minutes, a ferry employee motioned Joann to
turn left into an adjacent lane to exit the ferry rather than continue to wait for the pickup to be
moved. Joann followed the employee’s hand signals and moved her car out of Lane C and into
the adjacent left lane. Unfortunately, her scooter on top of her car struck a low clearance pipe
in the adjacent lane and was damaged beyond repair.
Joann wants to sue the ferry company. Discuss the legal claim(s) for which she could sue the
ferry company, and the likely outcome of such a lawsuit. Explain reasoning in detail.
2-4 paragraphs 4. 10 pts
Following a heavy rain storm, Beth’s Bakery was flooded with 2 inches of water. Employees
mopped and dried the floor of the bakery as much as possible, but there were still water spots
throughout the bakery, and a 1 inch deep pool of water located about 2 feet inside the entrance.
Beth wanted to open the bakery on time, so she posted a sign outside the bakery warning
customers of wet floors inside the entrance. Marvin entered the bakery, slipped on the water
inside the entrance and broke both wrists.
Discuss whether Beth’s Bakery is liable to Marvin for his injuries and why or why not.
If Marvin sues Beth’s Bakery for his injuries, will he likely win the lawsuit? 5. 5 pts Paul was participating in a charity bicycle marathon, sponsored by Volunteers in Action, a local
philanthropic organization. During the race, Paul crashed his bicycle into another biker, fell and
broke his arm. The other biker was not injured.
Would Paul have a valid legal claim to sue Volunteers in Action to recover for his injury?
If yes, what would be the legal claim for which he could sue?
If no, discuss why Paul would not have a valid legal claim against Volunteers in Action. 2-4 paragraphs 6. 15 pts
Jeff is a new member of Wellness Fitness Center, Inc. (Wellness). He signed a contract for the
membership. The contract stated, among other things, an exculpatory clause that Wellness…
“shall not be liable for any claim, demand, cause of action of any kind whatsoever for, or
because death, personal injury, property damage or loss of any kind resulting from or
related to Member’s use of facilities or participation in any sport, exercise or activity
within the club premises…”
While working out at Wellness, Jeff was walking slowly on a stair climber machine that suddenly
and spontaneously started moving at top speed. Jeff was thrown from the stair climber and
broke his leg. Jeff had been using the stair climber properly and according to instructions for use
posted on the stair climber.
Discuss:
A. Is the exculpatory clause in the contract valid or invalid in Jeff’s case? Why or why
not?
B. Possible product liability claim(s) for which Jeff could sue Wellness, and why product
liability claims might be applicable to this case.
C. Possible ordinary (non-product liability) negligence claims for which Jeff could sue
Wellness and why a negligence claim might be applicable to this case.
1-2 paragraphs each part
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Rating:
/5
Solution: MGMT 360 - LLC and a sole proprietorship