BUS 307 Case Study One Guidelines and Ru
ic
BUS 307 Case Study 1 Guidelines and Ru
ic
For this case study, craft a professional memo, appropriate in format, tone, and content, to send to your clients Fred and Sally, with your preliminary thoughts on
the issues within. Your memo should illustrate the issues and relevant law, apply the facts, and support your conclusions with regard to each issue. Always
emember to be clear, kind, and professional in your communications.
Case Study 1
Fred is well known in his town for his homeopathic cough syrup. After years of encouragement, he has decided to take his miracle cough remedy to market as
“Fred’s Miracle Cough Syrup.” While his cough syrup is homeopathic, one of the key ingredients causes a severe reaction when taken in conjunction with aspirin.
Fred plans to make and bottle his cough syrup in an outbuilding on the family farm. His son, Sam, has been raving to the locals about his father’s cough syrup for
years, and the local drug store and grocer have contacted Fred to place orders as a result. Sam also intends to approach several national chains in an effort to
secure supply contracts for Fred’s cough syrup. Fred has asked Sam to assist him with deliveries, as Sam has a van. Fred would like Sam to be involved with the
usiness as an employee initially, with the option of making him a partial owner at a later time. Fred and his wife Sally have two children, Sam and Lilly. Both live
in cabins on the family farm with their spouses and children. Fred and Sally engage you as their attorney to assist with the formation of the new business,
including determining the appropriate business entity type, management issues, product liability issues, and estate planning for both the business and family
property. After your initial meeting, you identify and research the following issues.
Specifically, the following critical elements must be addressed:
I. Describe the main types of business entities and their defining characteristics.
II. Apply product liability law and determine what issues are present. How would you advise your client to mitigate those issues?
III. Apply the elements and characteristics of an agency relationship to Sam’s actions. Does Sam’s involvement prior to the business formation, as well as his
anticipated role once the business is formed, create an agency relationship? Why or why not?
IV. Identify potential real property issues based on the location of the business on the family farm. Justify each potential issue.
V. Does the manufacture of Fred’s Miracle Cough Syrup on the family farm necessitate a formal transfer of ownership or possessory rights? Defend your
esponse.
VI. Identify potential personal property issues based on the use of Sam’s personal vehicle to deliver the product. Justify each potential issue.
VII. Does the use of Sam’s personal vehicle in the course of business expose Sam or the business to any liability issues? Defend your response.
VIII. Identify potential estate planning issues with regard to the business and the family farm. Justify each potential issue.
IX. What estate planning vehicles are available to Fred and Sally should they desire to transfer ownership in the business and family farm, respectively, to
Sam and Lilly equally? What are the advantages and disadvantages to each?
X. Applying your analysis of the issues above, which type of business entity do you recommend for Fred’s Miracle Cough Syrup and why?
Ru
ic
Guidelines for Submission: Your submission should be a four to seven page memo, use 12-point Times New Roman font, and follow APA 7th edition format for
layout and citations.
Critical Elements Exemplary (100%) Proficient (85%) Needs Improvement (55%) Not Evident (0%) Value
Case Study 1:
Business
Entiti
es
Meets “Proficient” criteria and
offers insight into the nuances
of each type of business entity
in relation to one another
Describes the main types of
usiness entities and
their defining
characteristics
Describes the main types of
usiness entities, but does
not describe their defining
characteristics
Does not describe the main types
of business entities or
their characteristics
9
Case Study 1:
Product
Liabili
ty
Meets “Proficient” criteria and
cites specific, applicable rules
of law
Applies product liability law to
determine issues and
ecommends mitigating
actions
Applies product liability law,
ut
does not recommend
mitigating actions
Does not apply product liability
law
to determine issues
9
Case Study 1:
Agency
Relationsh
ip
Meets “Proficient” criteria and
provides a thorough, step-
y- step analysis with
specific supporting evidence
applied to each element of
the relevant legal test
Applies elements and
characteristics of an
agency relationship to
actions to determine if an
agency relationship was
created and provides
justification
Applies elements and
characteristics of an agency
elationship to actions, but
does not determine if an
agency relationship was
created, or justification is not
logical
Does not apply elements and
characteristics of an
agency relationship to
actions to determine if an
agency relationship was
created
9
Case Study 1:
Real
Prope
ty
Meets “Proficient” criteria and
cites specific, applicable rules
of law
Identifies potential real
property
issues based on the location
of the business on the family
farm and provides
justification for each
Identifies potential real
property
issues based on the location
of the business on the family
farm, but does not provide
justification for each
Does not identify potential real
property issues
9
Case Study
1:
Manufactu
e
Meets “Proficient” criteria and
offers insight into the nuances
of
eal property issues as
they pertain to business
Determines if the
manufacturing necessitates a
formal transfer of
ownership or possessory
ights and defends response
Determines if the
manufacturing necessitates a
formal transfer of
ownership or possessory
ights, but does not defend
esponse
Does not determine if the
manufacturing
necessitates a
formal transfer of ownership
or possessory rights
9
Case Study 1:
Personal
Prope
ty
Meets “Proficient” criteria and
cites specific, applicable rules
of law
Identifies potential personal
property issues based on the
use of Sam’s personal vehicle
to deliver the product and
provides justification for each
Identifies potential personal
property issues based on the
use of Sam’s personal vehicle
to deliver the product, but
does not provide justification
for each
Does not identify potential
personal property issues
9
Case Study 1:
Liability
Issu
es
Meets “Proficient” criteria and
offers insight into the nuances
of personal property issues as
they pertain to business
Determines if the use of a
personal vehicle exposes Sam
or the business to any liability
issues and defends response
Determines if the use of a
personal vehicle exposes Sam
or the business to any liability
issues, but does not defend
esponse
Does not determine if
liability issues are present
9
Case Study 1:
Estate
Planni
ng
Meets “Proficient” criteria and
cites specific, applicable rules
of law
Identifies potential estate
planning issues and
provides justification for
each
Identifies potential estate
planning issues, but does
not provide justification
for each
Does not identify potential estate
planning issues
9
Case Study 1:
Transfer
Ownersh
ip
Meets “Proficient” criteria and
offers insight into the
importance of estate
planning issues in business
Determines estate planning
vehicles available to transfer
ownership equally and
provides advantages and
disadvantages of each
Determines estate planning
vehicles available to transfer
ownership equally, but does
not provide advantages and
disadvantages of each
Does not determine estate
planning vehicle available
9
Case Study 1:
Business
Enti
ty
Meets “Proficient” criteria and
offers insight, based on
esearch, as to why the chosen
type of business entity would
e an appropriate choice for
Fred’s Miracle Cough Syrup
Applies legal and factual
analysis
to form a recommendation
on an appropriate business
entity and provides rationale
Applies legal and factual
analysis
to form a recommendation
on an appropriate business
entity, but does not provide
ationale
Does not apply legal and factual
analysis to
form a
ecommendati
on
9
Articulation of
Response
Submission is free of e
ors
elated to citations, grammar,
spelling, syntax, and
organization and is presented
in a professional and easy-to-
ead format
Submission has no major e
ors
elated to citations, grammar,
spelling, syntax, or
organization
Submission has major e
ors
elated to citations, grammar,
spelling, syntax, or
organization that negatively
impact readability and
articulation of main ideas
Submission has critical e
ors
elated to citations, grammar,
spelling, syntax, or organization
that prevent understanding of
ideas
1
0
Earned Total 100%