| Unit 2 [ LS311 | Business Law ] Assignment 1: Negligence and Duty of Care Assignment Scenario As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee of the show's producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a permanent physical impairment. Esposito filed suit in a federal district court against Davis and others, alleging negligence. In your paper, answer the following questions: 1. What are the factors that indicate whether Davis owed Esposito a duty of care? 2. What do those factors indicate in these circumstances? In your responses to the above questions, be sure to: Discuss the tort of negligence and how it applies to our facts. Discuss the duty of the storeowner to protect customers from harm. Assignment 2: Case Analysis The Case Review the following case. Prepare an analysis that will demonstrate your ability to both answer the questions presented and incorporate theories and concepts from this week's material. Thomas Baker and others who bought new homes from Osborne Development Corp. sued for multiple defects in the houses they purchased. When Osborne sold the homes, it paid for them to be in a new home warranty program administered by Home Buyers Warranty (HBW). When the Company enrolled a home with HBW, Osborne paid a fee and filled out a form that stated the following: \"By signing below, you acknowledge that you CONSENT TO THE TERMS OF THESE DOCUMENTS INCLUDING THE BINDING ARBITRATION PROVISION contained therein. HBW then issued warranty booklets to the new homeowners that stated: \"Any and all claims disputes and controversies by or between the Homeowner, the Builder, the Warrant Insurer and/or HBW shall be submitted to arbitration.\" You Can Do IT! 1 [ LS311 | Business Law ] Would the new homeowners be bound by the arbitration agreement, or could they sue the builder, Osborne, in court? In responding to the question be sure to: Discuss what courts are saying about the enforcement of arbitration clauses in contracts. Utilize the decision in the NCR Corp v Korala Associates, Ltd. as a basis for answer. For more information on this case go to http://www.ca6.uscourts.gov/opinions.pdf/08a0029p-06.pdf. Directions for Submitting Your Case Analysis: Before you submit your case analysis, you should save your work on your computer in a location and with a name that you will remember. Make sure your activity is in the appropriate format (Word), then, when you are ready, you may submit on the Dropbox page. Critical Elements: Discuss the approaches to ethical reasoning given in your Reading material for this week. (Duty Based Ethics and Outcome Based Ethics) Paper Submissions: There are two types of APA manuscripts: copy manuscripts (those submitted for publication) and final manuscripts (those not submitted for publication). Copy manuscripts are much more formal and may contain multiple sections. Specifically, they will have an abstract (a one-paragraph summary of the paper). The papers you produce for most Kaplan University classes will be final manuscripts. Unlike copy manuscripts, final manuscripts do not, unless specifically required by an instructor, require an abstract. They do include: A title page; The paper itself (the "discussion") and A references page. Formatting the discussion, or body, of the paper, is also quite straightforward. APA final manuscripts are generally double-spaced (unless your instructor requests otherwise). The running head appears in the upper left corner of each page, before the page number (on the upper right hand corner). The full title also appears, but only on the first page of the body of the paper. For subsequent pages, the running head is the only \"title\" present. You Can Do IT! 2 [ LS311 | Business Law ] New paragraphs should be indented (which is the default setting for the Tab key) and there should not be an extra blank line between paragraphs. The last thing required is the references page. This page, like the others, has the running head and page number in the upper-right hand corner. Sources should be alphabetized by the author's last name (or, for sources without authors, by the first letter in the title) and the second line of each source should be indented a half inch (the first line is not indented). Here are a few additional formatting standards to keep in mind: Use standard margins: 1" on all sides. Use standard 12-point font size. Use standard double-spacing: average of 22 lines per page, and between 20 and 24 lines per page. Use left-aligned text. Do not right-justify. There should be no spaces between paragraphs within the paper. When citing a quote of more than four lines, you should indent the entire quoted passage 10 spaces from the left margin. It is not necessary to indent these block quotes from the right margin. Continue with the usual double-spacing, and give the usual acknowledgements at the end of the quote. Block quotes do not require quotation marks. Directions for Submitting Your Assignment: Please label your projects: username-project-unit.doc. For example, a student named Tina Allen would name her file TAllen-CriminalLawEssay-Unit2.doc. Submit your Assignment by selecting the appropriate Dropbox by the end of the unit. You Can Do IT! 3