Lesson 2: Graded Assignment

Answer the case questions in essay format and

submit your essays below:
Critical Thinking 9.2 p. 179
Critical Thinking 29.1 & 29.2 p. 498
Bus. Ethics 30.8 & 30.9 p. 514
Critical Thinking 34.3 & Business Ethics 34.8 p. 57880
Create a Business Plan Abstract for a fictional
business you would like to create using the following
outline. A. What products/services will it sell? What is
the relevant market you are trying to reach? What is
the name of the business? How did you choose the
name? How much capital will the initial start-up
require? B. List three legal risks your business will
face. Discuss each in detail and explain how you plan
to minimize these risks.
You will upload 1 document containing all of the
above in the following order: (a) The Case Questions
and the (b) Business Plan Abstract.

Agency Formation and Termination; Liability of

Principals, Agents, and Independent Contractors;
Small Businesses, Entrepreneurs and General
Partnerships

Objectives: Core Concepts and Themes

Below is a summary of the core concepts and
themes, which best represent the focal points or
Class Take Aways of the weekly assignments and
classroom discussions. The goal of each week is for
you, the student, to be able to recognize and
articulate the meaning and purpose behind each of
these concepts and themes.

1. Define Agency

2. Fiduciary Relationship

3. PrincipalIndependent Contractor Relationship

4. Five Ways to the formation of an Agency

5. Agents duty of Loyalty to the Principal

6. The Tort Liability to 3rd Parties of Principals and

Agents

7. Four Ways of Contract Liability of Principals and

Agents to 3rd Parties

8. Entrepreneur

9. Sole Proprietorship

10. Unlimited Personal Liability

11. General Partnership

12. Rights of General Partners

13. Tort vs. Contract Liability of General Partners

Lesson 2 Discussion Forum
Facts: Pena and Antenucci were partners in a medical
practice. Both treated Zuckerman during her
pregnancy. Zuckermans child was born with severe
physical problems. Zuckerman brought a medical
malpractice case against both doctors. The jury
found Antenucci not liable but found that Pena was
liable for malpractice. The court entered a judgment
against Pena only. Zuckerman made a post trial
motion for a judgment against both Antenucci and

Pena.
Issue: Is Antenucci jointly and severally liable for the
medical malpractice?
Language of the Court: A partnership is liable for the
tortious act of a partner and a partner is jointly and
severally liable for tortious acts chargeable to the
partnership. When a tort is committed by the
partnership, the wrong is imputable to all of the
parties jointly and severally, and an action may be
brought against any or all of them in their individual
capacities or against the partnership as an entity.
Therefore, even though the jury found that defendant
was not liable for malpractice in his treatment of the
patient, but that Pena, his partner was guilty of
malpractice in his treatment of the patient, they were
then both jointly and severally liable for the
malpractice committed by defendant Pena by
operation of law.
Decision: The court held that both partners were
jointly and severally liable for the judgment.
Forum Discussion: What is joint and several liability?
How does it differ from joint liability? Is it ethical for
one partner to deny liability for torts of other
partners? What types of insurance should a
partnership purchase? Why?
Students must post 300 words to the Forum by
Friday, and must post Responses to two other
students by Monday. No credit is given for late forum

posts.