Business Law

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In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, discussing the need for all eHarbour employees and independent contractors to sign a new confidentiality agreement and non-competition agreement as a condition of continued employment and business relationship with eHarbour. In the memorandum, discuss and analyze the basic elements for a valid contract. In addition, discuss the benefits of a confidentiality agreement and non-competition agreement for eHarbour.

Business Law

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LS311-2: Discuss the relationship of torts to risk management.

GEL-6.06: Apply research to create original insights and/or solve real-world problems.

You are working at eHarbour and learn that eHarbour’s computer system has been attacked by a computer virus from a cybercriminal. An employee of eHarbour inadvertently opened an email with an attachment that appeared to come from the State of Florida Division of Corporations for business registration renewals. The names, addresses, phone numbers, credit card information, and other personal information of all eHarbour customers have been compromised in the data breach.

In your role working as a paralegal or legal assistant for eHarbour, draft a memorandum to Daniel Hudson, the eHarbour general counsel, analyzing potential civil liability for negligence under Florida state law for the data breach. In the memorandum, specifically discuss the elements for negligence and the reasonable person standard. In addition, analyze any potential affirmative defenses that may apply.

BUSINESS LAW

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Assignment 1

Constructive Eviction and the Implied Warranty of Habitability

Steve is renting a property from Billy.  One evening Steve tripped and fell down the stairs. The issue is that one of the stairs in the common area was faulty. Billy knew about the stair, but he had never got around to fixing it.

Steve injured his leg, so he decided to return to his room. The heater was not working (and it was in the middle of winter). Steve had told Billy about the faulty heater for months, but Billy never got around to fixing it. There is a local ordinance that requires landlords to repair heaters.  Additionally, assume that this jurisdiction includes the implied warranty of habitability. The jurisdiction recognizes constructive eviction, and it follows the majority rule of when landlords are liable for injuries.

•           What causes of action does Steve have?

•           What remedies does he have for the faulty heater?

Assignment 2

Entity Formation

Carla plans to open Carla’s Pets Store, a pet sales and pet supplies outlet, and to hire Quimby and Ruth. Carla will invest only her own money. She does not expect to make any profit for at least two years and to make almost no profit for the first three years, but she hopes to expand eventually.

· Which form of business organization would be most appropriate?

· What are the main characteristics, advantages, and disadvantages of this form of business organization?

· If Carla wants to obtain additional capital to expand the business, but does not want to lose control of the company, what is her best option?