What is the objective theory of contracts

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Reference no: EM131161875

Write the following project.

Final Project Directions

Learning Objectives
Completing this project will help you to:
• Identify the foundations of the U.S. legal system.
• Outline the elements of criminal law.
• Summarize the elements of business torts.
• Explain the components of contract law.

Purpose of Final Project
Herzing University is committed to your personal, academic, and professional success. We believe that students learn by doing. The purpose of this Final Project is to give you real world experience as a future business professional and to aid in building your employability portfolio. If you have not started putting together a portfolio, you may want to start doing so now. The portfolio is the place where you collect your work and demonstrate your achievements; a place where you can showcase your intellectual growth and career readiness through the compilation of various pieces of work you have accumulated throughout your degree program. This Final Project was designed to not only foster your understanding of business law, but also to provide you with a number of pieces of work that you can include in your portfolio.

Directions
For this Final Project, you are being placed into a hypothetical scenario in which you are working as an Administrative Assistant for the Law Office of Field & Field. You received various assignments from the Managing Attorney in relation to community work the firm is involved in. The goal is to increase awareness of certain aspects of business law in the local community the law firm serves.

There are three (3) separate parts to this Final Project, each with a separate submission deadline. Carefully review all directions and contact your instructor with any questions.

Deliverables
In each week use the information you are provided by the Managing Attorney and the results of your own research to prepare the documents outlined below. You will be utilizing the Herzing University Virtual Library in order to conduct your research. The research you will conduct for this project will require you to locate the sources you intend to use and critically analyze and examine those sources in order to determine if and why you should use them. You will use the state in which you reside as the basis for responding to each deliverable.

All deliverables should be in the following format: 12-point Times New Roman or Arial font, double-spaced, and with one-inch margins. Edit your work for spelling and grammar and use proper APA formatting. Please refer to the grading rubric for each deliverable for specific grading criteria.

Fact Pattern
The following fact pattern will be used for all components of this assessment.

You are working as an Administrative Assistant at the Law Office of Field & Field. The Managing Attorney (Nicole Field) has asked for your assistance in a community project the firm is involved with. These are the known facts that the Managing Attorney has communicated to you:

The law firm is dedicated to providing self-awareness services to the community it serves. The community is a mixed community comprising of residential and commercial properties. Ms. Field is thinking of hosting three seminars for individuals and business owners in the community.

The first seminar will focus on helping the community of individuals understand how the court system works. The second seminar will be geared mainly towards the business owner and business minded individuals in the community. This will focus on providing business owners with the tools to make their business safe for the individuals they serve and understand the concept of intellectual property. The third seminar will be geared towards the residents of the community, and will help them understand the various elements of criminal law and what they should and should not do when entering into agreements. The Managing Attorney would like you to work on developing the content for each seminar.

Part 1 Directions - Sources of Law and Jurisdiction

The first seminar is schedule for two weeks from today. Ms. Field would like you to prepare for the seminar by reviewing the structure of the court in your state, jurisdiction, and the various sources of law. She would like you to prepare a chart demonstrating the court structure and jurisdiction, and prepare a memo about the sources of law and ethics. Ms. Field will be using the following fact pattern to demonstrate the sources of law and ethics:

Phyllis Smith owns and manages a restaurant in the community, Lucky Horseshoe Restaurant. Ann Reid lives next door to the restaurant. Ms. Reid filed a complaint with the police department that the patrons of the restaurant and referred to them as "drunks" and "whores." She picked fights with the bartender on several occasions and even called him Satan. These encounters happened in the presence of the patrons of the restaurant. Sales dropped 30% and Ms. Smith filed a law suit against Reid.

1. Compose a memo that Ms. Field will use to present at this seminar. The memo will respond to the following questions:

a) Analyze and discuss the four sources of primary law, and identify which source of law may be applicable to this case being certain to explain why.
b) Discuss whether Reid's statements about the restaurant's owner, bartender, and customers are protected by the U.S. Constitution.
c) Evaluate whether Reid behaved unethically in the circumstances of this case. Explain why.

2. Conduct research on the court structure in your state and develop a chart identifying the various levels of the court. A sample chart can be found in the Students Resource folder. The chart should include the following components:

a) Local Court information and Jurisdiction;
b) County Court Information and Jurisdiction;
c) State Court Information and Jurisdiction;
d) State Intermediate Court Information and Jurisdiction; and
e) State's Highest Court Information and Jurisdiction.

Part 1 Deliverable Directions

After you have conducted the necessary research, prepare an intra-office memorandum to the Managing Attorney. Your memo:
1. Must be formatted using the elements of an inter-office memorandum: the Heading, which will include To: (who it will be addressing, From: (the memorandum will be written by you), Date: (date in which the memorandum is written), and the Re: (what the memorandum is in regards to).

2. Must be typewritten in Times New Roman or Arial 12-point font, and with 1-inch margins.

3. It is suggested that your memo be at least 2-3 pages in length.

4. Must include a minimum of three scholarly and credible sources (not including the text book).

After you have conducted your research, prepare a chart that meets the following requirements.
1. Must be 1 page of content.
2. Must be legible.

Combine your Memo and Chart of the Court Structure into one Microsoft Word document with a page break separating each document, and upload as a single attachment to the Week 2 Assignment dropbox.

Please refer to the Final Project Part 1 grading rubric.

Part 2 Directions - Research Memo and PowerPoint Presentation

Many of the people in the community that come into the office for consultation have questions about one tort or another. There are also persons in the community who are interested in starting their own businesses. Ms. Field would like to present on these two common areas as form of educating the community.

Conduct the research and prepare a PowerPoint presentation with the actual script Ms. Field will use to present this information at the seminar. This transcript will be presented in memo form. The presentation transcript must be the word-for-word content that will be covered on each slide. Your presentation must address the following:

1. Discuss the torts that protect against intentional interference with persons.
2. Explain the defenses to charges of assault and battery.
3. Discuss and analyze the basis for the tort of defamation.
4. Explain what trademark is and discuss why the use of a purported trademark solely on a Web site satisfies the "use in commerce" requirement for trademark protection.
5. Analyze and explain what copyright is and what copyright protection is available for software.

Part 2 Deliverable Directions
After you have conducted the necessary research, prepare an intra-office memorandum to Ms. Field in which you address each topic outlined above. Your memo:

1. Must be formatted using the elements of an inter-office memorandum: the Heading, which will include To: (who it will be addressing, From: (the memorandum will be written by you), Date: (date in which the memorandum is written), and the Re: (what the memorandum is in regards to).

2. Must be typewritten in Times New Roman or Arial 12-point font, and with 1-inch margins.

3. It is suggested that your memo be at least 4-5 pages in length.

4. Must include a minimum of four scholarly and credible sources (not including the text book).

5. Must use headings to identify each slide the content relates to (e.g. Slide 1, Slide 2, etc).

You will also prepare a PowerPoint presentation for Ms. Field to use at seminar. For the PowerPoint presentation:
1. Use a total number of slides must be 8-10 slides.
2. Use a single background design and color.
3. Each slide should be designed to be concise, uncluttered and readable from a distance: include only key words and phrases for visual reinforcement.
4. Do not put too much information on any single slide: generally no more than 6 words a line, and no more than 6 lines a slide.

Part 3 Directions - Final Project Submission

1. Apply the feedback from your instructor, and revise and edit parts 1 and 2 of the Final Project.

2. After finalizing each component, combine all parts of your Final Project into one Word document

3. Ms. Field would like to prepare a handout of possible questions and answers of frequently asked questions for the next seminar. Add this handout with a copy of the questions and your responses to parts 1 and 2 of the project. Your response to each question should be:

a) A minimum of 250 words.
b) Each response should be substantiated by at least one references.
c) Use Times New Roman or Arial 12-point.
d) Include a heading for each question.

The questions are as follows:
i. What is a contract? What is the objective theory of contracts?

ii. Discuss the four elements that are required for the formation of a contract.

iii. Outline the elements necessary for an effective offer. Provide examples of non-offers.

iv. Explain how shrink-wrap and click-on agreements differ from other contracts. Discuss how traditional law have been applied to these agreements.

v. What is consideration? Discuss what is required for consideration to be legally sufficient.

4. Revise and submit the PowerPoint presentation as a separate attachment using the same submission link. Do not click the submit button until you have attached both documents.

Attachment:- part--1-project.rar

Attachment:- part-2-Project.rar

Reference no: EM131161875

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