Support your conclusion with references to legal principles and laws.
Project 1: Introduction to the Legal Environment of Business
Step 7: Review Case Two: Carz Bazaar
Feeling proud of your growing knowledge of business law and your work on the Blue Mood Clothing case, you move on to your next assignment. You open the Carz Bazaar case file to review the facts of the situation.
Once you have fully assessed the situation in the Carz Bazaar case, proceed to the next step, where you will gather the information you need to analyze the legal questions of the case.
Carz Bazaar
Corporate Logo of Colossal Corporation
Notice: Contains Confidential Information
Colossal Company subsidiary Carz Bazaar, a new and used car dealership, hired Charles Wilson to perform various duties, such as cleaning and gassing vehicles, moving vehicles from one lot to another, and maintaining the showroom and vehicle lots. In this position, Wilson had access to keys to the vehicles through a key-control procedure. Under this procedure, an attendant keeps the keys in a control shack. When any employee wants to move a company vehicle, the attendant inputs information into a template request form. The information includes the date, time, stock number of the vehicle, name of the employee checking out the vehicle, and the destination of the vehicle. For example, the vehicle might be taken to a body shop for repairs, to a gas station, or to a company lot at a different location. Every time an employee checks out a vehicle, the reason must be for company business use. It is not necessary to put the expected return time on the form unless a vehicle was expected to be gone for a long time. Once the attendant has completed the form, she gives the keys to the employee who has requested them. When the vehicle is returned, the attendant indicates in the log that the vehicle was returned and replaces the keys. Sometimes vehicles are gone for more than one day. Some vehicles may be removed permanently if they are sold from another lot. In these cases, the managers of the other lots call to let the attendant know that the vehicle will not be coming back. Sometimes employees drive cars back and leave the keys with other employees to return to the attendant. This practice was acceptable to the dealership.
One day when Gina Mitchell was the attendant in charge, Wilson asked her if he could use a car for 30 minutes on his lunch break to go to his mother’s house. The attendant told him it was okay as long as he brought it back because, otherwise, she could get in trouble. Since Wilson only wanted the car for 30 minutes and she trusted him, she did not make any entry about this trip on the computer. Wilson took the car and left. On his way back to the dealership, Wilson rear-ended a car stopped at a stop light, causing injuries to the driver and a passenger. Wilson told a police officer at the scene of the accident that he was on a lunch break from his job and that he had permission to drive the car, but his boss was not aware he had the car.
The injured driver and passenger sued Carz Bazaar on the grounds that it was responsible for the injuries caused by Wilson.
Step 8: Gather and Analyze Information
As you read through the materials, try to begin answering the questions posed below.
You will likely encounter many new legal concepts, so take notes about which sections apply to this case so that you can easily refer back to them when you begin to write your analysis.
In all legal cases, there are disputes about the facts and the law. In this case, we can assume the facts stated in our case file are accurate, so we just need to decide what law applies and how the law can be interpreted to support the plaintiffs’ and defendant’s arguments. The issue of who caused the accident has been settled. Wilson caused the accident, so the issue before us is whether Wilson’s employer can be held responsible for his actions.
What are the arguments in favor of the plaintiffs (the accident victims)?
What are the arguments in favor of the defendant (Carz Bazaar)?
Read about legal responsibilities of agents and employees to help you answer these questions.
In the next step, you’ll formalize your thoughts so that they are ready to put into your presentation.
Step 9: Create and Submit Your Legal Analysis
As you begin to finalize your findings from the Carz Bazaar case, you receive an email from Vice President Dodger:
INBOX (1 NEW EMAIL)
From: Kenneth Dodger, Vice President, Colossal Corporation
To: You
Good to see your continued progress on these cases.
As you prepare to submit your findings for the Carz Bazaar incident, I wanted to give you some clear delivery instructions.
As in the previous case, I’d like you to use your outline and research notes from your work on this case to prepare your written analysis.
Maintaining company procedure, I’d also like you to meet the following requirements for this deliverable:
Please divide your analysis into two parts: Part I: Arguments for the Plaintiffs and Part II: Arguments for the Defendant.
Support your conclusion with references to legal principles and laws. Cite references to course materials and cases using APA format.
The analysis should be no more than seven pages (double spaced, 12-point font; the reference list does not count towards the page limit).
Title your file using this protocol: yourlastname_CarzBazaar _date.
Following this submission, I would like you to participate in a discussion with your fellow Colossal Company colleagues to see if we can reach a consensus about the winner of this case.
I hope your work to this point has been rewarding. I’ve always found that consideration and appreciation of ethical practice in a global market is the key to successful business.
Best,
Ken
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