As Steve Jobs Said, Everyone Should Learn Programming, and Everyone Should Learn How To

Introduction

As Steve Jobs said, everyone should learn programming, and everyone should learn how to read a contract. We don’t know about the programming bit – but contract? he could not be more correct.

Business Laws is based on the philosophy to make legal education accessible to anyone willing to learn business law. We believe that you can learn at any age, any place, and any time – and no matter what your role – knows the rules of the game can add value. What if you know how to deal with multiple contracts on a daily basis, knew how to negotiate better contracts as manager/-working professionals? What if you could ensure timely recovery of money from suppliers by taking a handful of steps? Alternately, what if you could you help an entrepreneur negotiate an investment agreement? Or advise him on the operational aspects that should be included in an LLP agreement? Or the risks arising from a loan agreement? This is critical for any entrepreneur to know.

Given this changing business environment, firms are increasingly looking for individuals who can think analytically, great interpersonal skills and a team player who can motivate and provide support for their colleagues. Firms are also looking for employees who have developed leadership skills, ability to relate their area of expertise to other associated fields, and the ability to adapt to a changing environment.

I will tshow various Interactive Business Law videos/clips during the whole semester. This packet is to be kept from now until June. It is your responsibility to keep this up to date and not loose it. Each time we watch an episode of Business Law you are to answer the questions that go along with that particular episode. Please put thought into your answers and use examples from the episode to help you explain your answers. You will only receive full credit for in depth answers. That being said, this will count as a test grade worth 140 points. Each episode is 10 points.

Business Law

Handout #1:

Name: ______

NEGLIGENCE

Elements of Negligence:

Duty: the defendant owed a duty of care to plaintiff, or injured person. A reasonable person standard determines the duty of care owed. The reasonable person does not represent the typical, average individual, but it is rather an idealized version of a person who acts in a way that a community expects its members to act. A reasonable person would consider: (1) the burden of taking precautions; (2) the likelihood of harm; and (3) the seriousness of the harm that might be caused.

Breach: the defendant’s conduct breached or violated that duty.

Causation: the defendant’s conduct caused the plaintiff’s harm.

Cause in fact: if the harm would not have occurred without the wrongful act, the act is the cause in fact.
Proximate cause: the harm caused must have been a foreseeable result of the act or acts.

Damages: the plaintiff suffered actual injuries or losses. The goal is to restore the plaintiff to his or her pre-injury position, to the extent that this can be achieved with money.

Defenses to a Negligence Action:

Contributory negligence: a plaintiff cannot recover damages from the defendant if his/ her own negligence contributed in any way to the harm suffered.

Assumption of risk: if a person voluntarily encounters a known danger and decides to accept the risk of that danger, a defendant may prevent him or her from recovering for related negligent acts.

THE SIMPSONS CASE