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Interoffice Memo: Evaluation of Uber’s Legal Exposure

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Assignment Expectations Paper Style is InterOffice Memo Style - US. Law Only
Assignment 2 – The Gig Economy
Recommend 2-3 pages
Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services. While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency.
An investment firm has asked you to evaluate Uber’s legal exposure for the conduct of its drivers.
Cover page (Interoffice Memo Style)
Please review the following website for the heading of your Memo
https://templates(dot)office(dot)com/en-US/Interoffice-Memo-Professional-design-TM03464918
To: Investment Firm
From: (Student Name)
Recommendation
- double space your sentences.
- answer all the questions.
Please note: Your answer must be based on the law, not on your feelings, biases or sympathy.
1. Summarize the main principles of agency law and the term "scope of employment." How is this term applicable when it comes to Uber and its business and the liability for its drivers? Remember to consider liability as to Uber employees and as independent contractors) (25%)
Foundation from reading Chapter 16 - Jennings, Marianne. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
.
• Examine the Principal-Agent relationship in Chapter 16.
• Discuss the duties and responsibilities of a Principal and an Agent.
• Discuss the term “scope of employment.”
• Are Uber drivers Agents? If yes, why. If no, why not?
• Discuss Uber’s liability for its drivers as it relates to “scope of employment”
• Discuss relevant cases to explain agency law and “scope of employment.”
• (Remember to consider liability as to Uber employees and as independent contractors)
2. Recently, an Uber driver lost control and killed his passengers. The driver was drunk. Should Uber be liable for the conduct of its driver in this situation? Why or why not? Use the law of Agency to back up your argument.
(30%)

• Explain the law and liability of a Principal for an Agent’s tort.
• Clearly state whether Uber should be held liable for the drunk driver. If yes, why? If no, why not?
• Uses cases in the textbook to establish the type of relationship between Uber and its drivers, and to support the conclusion of liability.
• Explain the civil remedies that the deceased passengers next-of-kin seek could seek in court against Uber.
3. Identify the steps Uber should take to limit its legal exposure for the conduct of its drivers.
(30 %)
• This is your recommendation section.
• What type of legal exposure is being limited?
• Identify legal step Uber can take to limit its legal expose.
• Think about the Principal-Agent relationship, the Employer-Employee relationship and the Independent Contactor relationship. Which relationship would limit Uber’s exposure?
• Apply cases from your textbook to support your recommendation.
Use at least two (3) quality resources in this assignment.
(5%)
Quality resources are course textbook, published books, academic journal articles, and expert report. Wikipedia is not accepted.
Reference page
1. Michael Harvey. 2013. The Nuts & Bolts of College Writing. p. 1. http://libdatab(dot)strayer(dot)edu/login?url=http://search. ebscohost.com/login.aspx
2. William R. Stanek. 2010. Storyboarding Techniques chapter in Effective Writing for Business, College and Life. http:// libdatab.strayer.edu/login?url=http://search(dot)ebscohost(dot)com/login.aspx?direct=true&db=nlebk&AN=359141&site=e ds-live&scope=site&ebv=EB&ppid=pp_23 3.
3. Zyad Hicham. 2017. Vocabulary Growth in College-Level Students’ Narrative Writing. http://libdatab(dot)strayer(dot)edu/ login?url=http://search(dot)ebscohost(dot)com/login.aspx?direct=true&db=edsdoj&AN=edsdoj.9b7fad40e529462bafe3a936 aaf81420&site=eds-live&scope=site
Please review how to cite your references. The following citation will not be accepted: citing a website only as: https://www(dot)theverge(dot)com/2019/2/25/18229714/cognizant-facebook-content-moderator-interviews-trauma-working-conditions-arizona
Clarity, writing mechanics, and formatting requirements
(10%)
Suggestion on Dos and Don’ts
Dos.
• Start your Assignment early (Do not wait to start 48 hours before the Assignment is due).
• Remember to discuss, and elaborate in your paper.
• Discuss each question equally – for example do not write 2 pages for question 1, and 2 sentences for question 3.
• Your discussion should be based on your research of the law and facts.
• I recommend that you put headings in your paper, so that it is clear where the answers to each question starts and stops.
• Ensure you submitted the correct paper.
• Use the help provided to you such as Grammarly and the online tutor.
• Review the frequently asked questions regarding assignments.
Don’ts
• Do not write an announcement in your paper, for example, “In this paper I will discuss the law on agency.” This may increase your SafeAssign score.
• Do not write the questions verbatim in your paper – (this will increase your SafeAssign score)
• Do not write about your personal experiences in your paper.
• Do not use irrelevant diagrams, charts or pictures in your paper.

 

 

 

 

 

Assignment Expectations

 

 

Assignment 2 – The Gig Economy

 

 

 

 Recommend 2-3 pages   

 

Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services.  While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency.

 

An investment firm has asked you to evaluate Uber’s legal exposure for the conduct of its drivers.

 

 

 

Cover page (Interoffice Memo Style)

 

Please review the following website  for the heading of your Memo

 

 

https://templates.office.com/en-US/Interoffice-Memo-Professional-design-TM03464918

 

 

To: Investment Firm

From: (Student Name)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

- double space your sentences.

- answer  all the questions.

 

Please note: Your answer must be based on the law, not on your feelings, biases or sympathy.

 

 

1. Summarize the main principles of agency law and the term "scope of employment."  How is this term applicable when it comes to Uber and its business and the liability for its drivers? Remember to consider liability as to Uber employees and as independent contractors) (25%)

 

Foundation from reading Chapter 16 - Jennings, Marianne. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.

.

  • Examine the Principal-Agent relationship in Chapter 16.
  • Discuss the duties and responsibilities of a Principal and an Agent.
  • Discuss the term “scope of employment.”
  • Are Uber drivers Agents?  If yes, why. If no, why not?
  • Discuss  Uber’s liability  for its drivers as it relates to “scope of employment”
  • Discuss relevant cases to explain agency law and “scope of employment.”
  • (Remember to consider liability as to Uber employees and as independent contractors)

 

 

2. Recently, an Uber driver lost control and killed his passengers.  The driver was drunk.  Should Uber be liable for the conduct of its driver in this situation? Why or why not? Use the law of Agency to back up your argument.

(30%)

 

  • Explain the law and liability of a Principal for an Agent’s tort.
  • Clearly state whether Uber should be held liable for  the drunk driver. If yes, why? If no, why not?
  • Uses cases in the textbook to establish the type of relationship between Uber and its drivers, and to support the conclusion of liability.
  • Explain the civil remedies that the deceased passengers next-of-kin seek could seek in court against Uber.

 

 

 

 

 

 

 

 

 

 

 

3. Identify the steps Uber should take to limit its legal exposure for the conduct of its drivers.

(30 %)

 

  • This is your recommendation section.
  • What type of legal exposure is being limited?
  • Identify legal step Uber can take to limit its legal expose.
  • Think about the Principal-Agent relationship, the Employer-Employee relationship and the Independent Contactor relationship. Which relationship would limit Uber’s exposure?
  • Apply cases from your textbook to support your recommendation. 

 

 

 

Use at least two (3) quality resources in this assignment.

 

(5%)

 

Quality resources are course textbook, published books, academic journal articles, and expert report.  Wikipedia is not accepted.

 

Reference page

 

 

  1. Michael Harvey. 2013. The Nuts & Bolts of College Writing. p. 1. http://libdatab.strayer.edu/login?url=http://search. ebscohost.com/login.aspx

 

  1. William R. Stanek. 2010. Storyboarding Techniques chapter in Effective Writing for Business, College and Life. http:// libdatab.strayer.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=nlebk&AN=359141&site=e ds-live&scope=site&ebv=EB&ppid=pp_23 3.

 

  1. Zyad Hicham. 2017. Vocabulary Growth in College-Level Students’ Narrative Writing. http://libdatab.strayer.edu/ login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edsdoj&AN=edsdoj.9b7fad40e529462bafe3a936 aaf81420&site=eds-live&scope=site

 

 

Please review how to cite your references. The following citation will not be accepted: citing a website only as: https://www.theverge.com/2019/2/25/18229714/cognizant-facebook-content-moderator-interviews-trauma-working-conditions-arizona

 

 

 

 

 

 

 Clarity, writing mechanics, and formatting requirements

 

(10%)

 

 

 

 

Suggestion on Dos and Don’ts

 

 

Dos.

 

  • Start your Assignment early (Do not wait to start 48 hours before the Assignment is due).
  • Remember to discuss, and elaborate in your paper.
  • Discuss each question equally – for example do not write 2 pages for question 1, and 2 sentences for question 3.
  • Your discussion should be based on your research of the law and facts.
  • I recommend that you put headings in your paper, so that it is clear where the answers to each question starts and stops.
  • Ensure you submitted the correct paper.
  • Use the help provided to you such as Grammarly and the online tutor.
  • Review the frequently asked questions regarding assignments.

 

 

Don’ts

 

  • Do not write an announcement in your paper, for example, “In this paper I will discuss the law on agency.” This may increase your SafeAssign score. 
  • Do  not write the questions verbatim in your paper – (this will increase your SafeAssign score)
  • Do not write about your personal experiences in your paper.
  • Do not use irrelevant diagrams, charts or pictures in your paper.

 

 

 

Assignment 2: The Gig Economy

 

Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services.  While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency.  Your boss has asked you to evaluate Uber’s legal exposure for the conduct of its drivers.

 

Write an interoffice Memo in which you: 

 

  1. Summarize the main principles of agency law and the term "scope of employment."  How is this term applicable when it comes to Uber and its business and the liability for its drivers? (Remember to consider liability as to Uber employees and as independent contractors)
  2. Recently, an Uber driver lost control and killed his passengers.  The driver was drunk.  Should Uber be liable for the conduct of its driver in this situation? Why or why not? Use the law of Agency to back up your argument. 
  3. Identify the steps Uber should take to limit its legal exposure for the conduct of its drivers.
  4. Use at least three (3) quality resources in this assignment, one being the textbook. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources. 

 

Your assignment must follow these formatting requirements:

 

Your Memo should include a heading, summary statement, background and recommendations.  See the link for information on formatting this Memo AND the attachment. There is no page requirement for this assignment, just be sure to answer all the questions specifically and directly.

 https://owl.purdue.edu/owl/subject_specific_writing/professional_technical_writing/memos/index.html

 

The specific course learning outcomes associated with this assignment are:

 

  • Analyze and apply the concepts of ethical decision making, corporate governance and corporate social responsibility.
  • Analyze and evaluate Agency Law pursuant to the employer and employee.
  • Analyze and evaluate laws and regulations relative to product safety, liability and representations.
  • Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

 

Other (Not Listed) Sample Content Preview:
Interoffice Memo
To: Investment Firm
From: (Student Name)
Date:
Subject: Evaluation of Uber’s Legal Exposure for the Conduct of its Drivers
Principles of Agency law and Scope of Employment
Agency law provides guidelines that govern the principal-agent relationship. This relationship is a contractual one and the parties to the agency have duties and obligations to each other as described by Jennings (2018). The first duty of the principal is referred to as the duty of compensation whereby the principal is expected to pay the fee for the agent’s services as was agreed upon. The second duty is referred to as the duty of indemnification whereby the principal must also pay the agent for any expenses incurred in the course of their duties. The first duty of the agent is referred to as the duty of loyalty whereby the agent must act for the benefit of the principal by putting the principal’s interest first. The second duty is referred to as the duty of care where the agent must practice diligence in their actions, otherwise, they become liable for damages arising from carelessness. The third duty is referred to as the duty of obedience where the agent must follow the instructions of the principal to the letter.
Principles are liable for the torts committed by agents if they are acting within the scope of employment. The scope of employment refers to the actions undertaken by the agent while performing their duties under the authorization of the principal at the time of the incident (Jennings, 2018). In the case of Uber drivers, they can be classified as agents. Agents are persons whose work or actions are controlled and are bound by the instructions provided by the principal (Loewenstein, 2017). The element of the principal’s control over the agent is the key difference between an agent and an independent contractor. While Uber drivers use their own vehicles, which would somewhat classify them as independent contractors, Uber has a certain level of control on them. For instance, Uber has to approve a person to be a driver, which by itself is an element of control (Loewenstein, 2017). Also, Uber requires its drivers to act professionally. Further, Uber drivers are rated and can be terminated if their ratings are low. Under the scope of employment, Uber is liable, as a disclosed principal for its drivers’ conduct because they work under the instructions provided by the company. However, Uber is not liable if the drivers are treated as independent contractors, as per the company’s agreement (Loewenstein, 2017).
Uber’s Liability for the conduct of its Driver
Any individual is always liable for their torts. As such, an agent is liable for their tort, but the principal's liability for the actions of the agent varies. A principal can be liable for the agent’s negligence, fraudulence, or the misrepresentation resulting in loss to a third party (Cross & Miller, 2018). Under agency law, principals are liable for the actions of their agents while acting within the scope of their employment. The scope of employment depends on whether the principal gave authorization, whether his/her interests were advanced by the ag...
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