Bus Law Essay
Chef R should define clearly prospects of his business. If he is going to be the only owner of his business, the LLC is the best option for him because LLC provides him with the limited liability that means that, in case of troubles his private property will remain secure, while the legal liability of the business will be limited to the ownership and property of the business solely, i.e. restaurant. If Chef R. plans to expand his business and share ownership with other individuals, the corporation is better because each owner shares his/her liability as well as profits in terms of their share in ownership of the business (Poole, 195). Therefore, at the moment, LLC is the best option for Chef R but, if he plans to involve partners, the corporation will be better.
Chef R should take into consideration legal requirements concerning building and reconstruction of buildings along with requirement to public safety and accessibility of public areas, while expanding his café. In this regard, Chef R has to contact the Community Development (Building and Planning) department to coordinate his plans of the reconstruction of the building. In addition, he should coordinate his work with the Community Services department (Parks, recreations and childcare) because the reconstruction will expand on the sidewalk that may affect the infrastructure and recreation areas of the city. Furthermore, Chef R should contact the Fire Department and Parking Services department because sidewalks should be safe and provide the access for emergency services, namely the fire department services (Poole, 150). In addition, the expansion of the facility on the sidewalk and the reconstruction may affect parking lots in the local area that needs the coordination with the Parking Services department.
Furthermore, the agreement of Chef R with Sharon cannot be viewed as a legally binding contract. Even though the contract is written and signed, this agreement is not valid as a legally binding contract because the consideration element of the legally binding contract was missed. In fact, Sharon did not have reasonable time to consider the contract, while her condition (she was under the impact of alcohol intoxication) does not provide her with the opportunity to consider the offer of Chef R. In addition, the legally binding contract related to real estate agreements should have not only signatures but also seals to prove the legal status of the deal and to make the contract legal.
As Chef R sets strict requirements concerning applicants, he should take into consideration such legal acts as the Equal Employment Opportunity Act as well as the Civil Rights Act and related legal norms preventing cases of discrimination in the workplace environment. For instance, he discriminates female employees as he wants to employ male waiters only. In addition, such requirements as passing lie detector may interfere and violate the privacy of applicants that contradicts to the Fourth Amendment of the US Constitution that grants citizens with the right to privacy. At the same time, he can use Myers-Briggs test but the results of the test cannot determinant. Otherwise, he may face a risk of lawsuits being filed by applicants, who failed (Peters, 195). The similar effects will have the use of information from horoscopes and other information irrelevant to the professional qualification of applicants, which should be the major criterion for the employment of applicants.
Taking into consideration past lawsuits, Chef R should have a handbook to clarify policy and to make the policy transparent and comprehensible to all employees. Chef R should be treated equally compared to other employees and rules set in the organization should be equal to all employees and Chef R. Employees should be informed of the rules and accept them. Employees should not have any personal relations in the workplace environment, while their relations should be grounded on their professional duties and functions solely.
Chef R should protect his recipe as his intellectual property. For this purpose, he should crate the technology license agreement which will protect his recipe from using by other companies or individuals without his consent as the owner of the intellectual property rights. However, to register his intellectual property rights, he should describe in details specificities of his recipe and to prove that his recipe is unique and distinct from other recipes (Poole, 142). Otherwise, his technology licensed agreement cannot be accepted.
To protect Sketch Café’s name and its products, Chef R should register the trade mark. To register his trademark, Chef R should refer to USPTO which maintains the database of registered trademarks and to prove the distinctiveness of his trademark, i.e. the distinctiveness of his restaurant and its products. As soon as his trademark is registered Chef R has the legal ground to protect his trademark, copyright and intellectual property right from attempts of other businesses to use the name or products of Sketch Café.
Sally may be misinforming the public about her poisoning and she has to prove that she get the poisoning in the Sketch Café. In this regard, Chef R can file a lawsuit against Sally R to protect his human dignity and his business image from the allegations which are not based on real facts. As Chef R files a lawsuit against Sally, she cannot spread the false information about Chef R’s Sketch Café, unless she proves in the court that she was poisoned in the café.
As for estate planning, Chef R should either create the will to make Leo Madeira his only heir and define accurately what he wants to leave to Leo and his sisters. Alternatively, Chef R should marry Leo Madeira and she will inherit his property after his death.
Chef R should be guided by the UCC which defines accurately rules of trade and prevents the exploitation of the child labor by businesses operating in the US. Therefore, as Chef R cannot use the child labor he cannot use services and products of Nap Boule Farm.
As for ethical issues, Chef R should respect local rules and business norms and refuse from presenting any gifts to local officials. In addition, he should inform the public about possible risk of the development of obesity. For instance, he should print the number of calories in each dish offered to consumers in his café.
