a. CONTRACT DRAFTING PROJECT – A team presentation
b. TORTS PROJECT – A team presentation
We will set up the teams for this group assignment beforehand:
The Wahoo Team – Torts Team A – HH Team – Each assignment should have a minimum of at 2 citations/references
Be sure to refer to Multimedia Project and Oral Presentation Rubrics for these two team projects. I will give you further guidance about these projects once the course begins.
CONTRACT DRAFTING ASSIGNMENT (Team Project) should be no longer than 1 page.
For this activity, you will work in a team, represent an assigned client (either Wahoo or Almost Paradise), prepare an ideal contract, negotiate with another group, and submit a legally enforceable, agreed-upon contract. Prepare one document and make copies for the other team to review and negotiate. For the activity, you will assume the facts below.
Almost Paradise is a family owned, rustic lodge. The grounds are private and secluded. The housing includes seven individual cabins and a 10-room, lodge-styled guest house. They have done solid business for 10 years, primarily advertising Almost Paradise as the perfect “romantic get-away.” Recently, more competitors have located in the proximate area and business has slowed. Facing cash flow issues, Almost Paradise wants to create a marketing plan that will increase their exposure generally and broaden their appeal to families and outdoors enthusiasts.
Wahoo is a midsized company that specializes in drafting marketing plans for hotels, motels, and lodges. As part of their service they offer to provide overall consultation and create marketing plans rooted in print, television, radio, and the web.
Almost Paradise is interested in retaining Wahoo and securing their services for the next year. They have not found an alternative marketing company with which they are comfortable. Almost Paradise wants to do some intense marketing in the short term to drum up business for an upcoming busy-season. They also want to work on some longer-term efforts that they can unveil afterwards. Almost Paradise wants to focus on web and television mediums primarily, with some secondary print ads. They also want to reach out to all of their past customers. Wahoo’s business is somewhat slow right now and it is eager to secure the Almost Paradise contract.
· Draft an ideal contract: As a team, before negotiations begin, draft a contract which you consider a realistic “ideal” for your side. Submit that contract to the other party and the instructor in class on the due date and explain why you chose to include the provisions that you did (either through marginal annotations or a written summary or orally in class). What advantages have you secured for your client?
· Negotiate: In class, you will negotiate with the other team. The instructor will guide the format and how negotiations will begin. (One side can submit a proposal. Both sides can submit a proposal. Or you can try to negotiate it term-by-term.) When all parties are satisfied and an agreement has been reached, you can finalize the contract. Remember, it is crucial to both parties that some agreement be reached.
· Reflect: Discuss in class: What was your overall goal upon entering the negotiations? What terms did you think were crucial to include? Was your team able to get them in the contract? Why or why not? What challenges arose during negotiations and what tactics were employed to overcome them? Based upon the lessons learned from this exercise, what do you consider the keys to successful contract negotiation? Overall, do you think that the final result was close enough to the “ideal” to satisfy your client?
TORTS PRESENTATION (Team Project) Please supply me with a min of 3 slides with titles and 3-5 bullets for each slide. You don’t have to do a .ppt.
For this activity, you will prepare, as a team, a multi-media presentation (using PowerPoint or another comparable means) incorporating an understanding of tort law. Use APA format for citations.
*Please refer to Multimedia Project and Oral Presentation Rubrics.
Critical Thinking: Be sure to explore all possible sides to the issue before presenting your final recommendation.
Note: As a point of reference, each member of the group should consider contacting an actual retail store to ascertain how they proceed under similar facts. The findings from that outreach should be documented.
TEAM A: A business security plan. HH Team – HH Team – Each assignment should have a minimum of at 2 citations/references
Assume the facts below:
You are the manager of a large electronics retail store. Over the past two years, business has been brisk but, unfortunately, so has crime. Shoplifting has become a real concern. For purposes of deterrence and principle, you want to take a strong stand against potential shoplifters by apprehending and interrogating suspects.
Using your knowledge of the intentional torts of assault, battery, intentional infliction of emotional distress, and false imprisonment, along with your knowledge of the “Shopkeeper’s Privilege” (see N.J.S.A. 2C:20-11(e)),draft a detailed store policy that instructs employees how to effectuate your desire to detain suspected shoplifters without committing any torts.
The presentation should teach about the potential torts involved in a security policy and how they are implicated by your policy. Explain in detail how your plan, if effectuated properly, will meet the business objectives while reducing the chance of tort liability.
· TEAM B: A parking lot security plan.
Assume the facts below:
The owner of the electronics store (the same one referred to in Part A), when made aware of the rise in crime in the city which your store is located stated: “We’ll deal with the shoplifting problem internally, but there’s nothing we can do about criminal activity in the parking lot. I don’t have a duty to the patrons once they leave the store. Plus, if something happens, it’s the criminal who caused the problem, not our store.” Rather than take this at face value, you decide to conduct research and provide the owner with a variety of perspectives regarding the legal and ethical issues involved. For purposes of this assignment, assume first that you own the parking lot, and then assume that the parking lot is owned by another party.
MULTIMEDIA PROJECT RUBRIC[footnoteRef:1] [1: Adapted from MidLink Magazine (http://www.ncsu.edu/midlink/) or Multimedia Mania (http://www.ncsu.edu/mmania/) ]
|Assessment Criteria||Exceeds Expectations||Meets Expectations||Does Not Meet Expectations||Did Not Do|
|5||3 4||1 2||0|
|Curriculum Alignment||Clear evidence of connection to course curriculum. Frequent and clear references are made to facts, concepts, and cited resources. Users will learn from this project||Some evidence of connection to course curriculum. Users may learn from this project||No evidence of connection to course curriculum. Users are not likely to learn from this project||Missing|
|Evidence that Objectives were Met||Clear evidence that project content supports stated objectives||Some evidence that project content supports stated objectives||No evidence that project content supports stated objectives||Missing|
|Depth and Breadth of Project Content||Clear evidence that higher level thinking skills were used in the creation of this project||Some evidence that higher level thinking skills were used in the creation of the project||No evidence that higher level thinking skills were used in the creation of this project||Missing|
|Subject Knowledge||Subject knowledge is evident throughout the project. All information is clear, appropriate and correct||Subject knowledge is evident in much of the project. Most information is clear, appropriate and correct||Subject knowledge is not evident. Information is confusing, incorrect or flawed||Missing|
|Design||The combination of multimedia elements and content takes communication to a superior level. There is clear attention given to balance, proportion, harmony and restraint. They synergy reaches the intended audience with style and pizzazz||Multimedia elements and contents combine to adequately deliver a high impact message with the elements and words reinforcing each other||Screens are either barren and stark or confusing and cluttered. Exaggerated emphasis on graphics and special effects weakens the message and interfered with the communication of content and ideas||Missing|
|Organization||The sequence of information is logical and intuitive||The sequence of the information is logical||The sequence of the information is not logical||Missing|
|Technical||Project runs perfectly with no technical problems. For example, there are no error messages, all sound/video or other files are found||Project runs adequately with minor technical problems||Project does not run satisfactorily. There are too many technical problems to view the project||Missing|
|Navigation||Users can progress intuitively throughout entire project in a logical path to find information. All buttons and navigational tools work||Few difficulties experienced while navigating through the project||Buttons or navigational tools are absent or confusing. No buttons and navigational tools work||Missing|
|Spelling and Grammar||Project honors all rules of spelling and grammar||Project adequately honors most rules of spelling and/or grammar (2 or fewer)||Project has 4 or more errors in spelling and/or grammar||Missing|
|Completion||Project is completely finished||Project is incomplete and contains several unfinished elements||Project is incomplete and contains many unfinished elements||Missing|
|Citing Resources||All sources are properly cited within the project according to APA style||Most sources are properly cited within the project according to APA style||No sources are properly cited within the project according to APA style||Missing|
|Overall Quality||It is clear that the paper reflects a serious effort by the student and the allocation of sufficient time to its development||The paper meets the instructor’s criteria but additional time and effort would have improved the paper||The paper minimally meets the instructor’s criteria or reflects limited interest in the project||Missing|
ORAL PRESENTATION RUBRIC
|Assessment Criteria||Exceeds Expectations
|Does Not Meet Expectations
|Did Not Do
|Visual Presentation||The presentation props reflect an exceptional degree of student creativity in their design.||Some creativity is shown in the creation or design.||Little creativity is shown or lack of presentation props.||Missing|
|The visual is exceptionally attractive in terms of design, layout and neatness.||The visual is attractive in terms of design, layout and neatness.||The visual is distractingly messy or very poorly designed. It is not attractive.||Missing|
|Verbal Presentation||Student speaks clearly and distinctly all the time and pronounces all words correctly and uses variation in tone to communicate points.||Student speaks clearly and most of the presentation is able to be heard in the back of the room.||Student mumbles, speaks too softly, speaks too quickly or mispronounces words.||Missing|
|Student stands up straight, looks relaxed and confident. Establishes eye contact.||Student stands up straight and establishes eye contact.||Slouches and/or does not look at people during the presentation or student reads from visual or note cards.||Missing|
|Overall Quality||Overall delivery of verbal and visual presentation was professional||Overall delivery of verbal and visual presentation was adequate.||Overall delivery of verbal and visual presentation was lacking.||Missing|
|It is clear that the presentation reflects a serious effort by the student and he/she has allocated sufficient time to its development.||The presentation meets the requirements but additional time and effort would have improved the overall presentation||The presentation minimally meets the requirements or reflects limited interest in the project||Missing|
|The presentation was completely at the level for an executive audience.||The presentation was somewhat at the level for an executive audience.||The presentation was not appropriately directed for an executive.||Missing|