SwissSemester Project
The purpose of this project is to go through the steps necessary to form a business in the United States. You will be determining whether the name you would like to use is available, analyzing which type of business entity is a good fit, and what types of liability issues could arise and how you can avoid liability by examining a similar court case.
Part 1
Choose a Business (Week 3)
1. Decide what your business will do. You could choose to form a business that sells goods such as clothing, electronics, or food. You could also choose a business that performs a service. Examples of service businesses include hair salons, spas, and car repair.
2. Determine the target market of your chosen business. What portion of the population will your business’s product or service? Examples of target markets include middle class families, college students, and young professionals. After you have stated your target market, explain why your product or service would specifically appeal to this segment of the population.
3. Decide where your business will operate. Make sure that the determined location of your business is consistent with your company’s target market.
4. You will add this information to your Semester Project paper.
Part 2
Choosing a Business Name (Week 4)
1. After deciding on what your business will do and where your business will operate, you will need to choose a business name. Describe your business and where it will operate. You can examine more than one name.
2. Read Chapter 5 Intellectual Property.
3. You will perform a TESS search, an Illinois state search, and a google search.
http://tmsearch.uspto.gov/bin/gate.exe?f=tess&state=4806:okpvh7.1.1
https://www.ilsos.gov/corporatellc/
4. You will print out the results of your search (just the first page of your google search) and attach it to your paper as an Appendix.
5. You should fully explain whether or not you can use your chosen name and why.
6. Please make sure to identify whether your name is likely to be acceptable for trademark registration after reading chapter 6 in the Legal Environment of Business and Online Commerce. You should, at a minimum identify whether the name is arbitrary, fanciful, suggestive, descriptive or generic and explain why.
7. You will add this information to your Semester Project paper.
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
https://www.sba.gov/content/how-name-business
Part 3
Choosing a Business Entity (Week 7)
1. After deciding on what your business will do and where your business will operate, what name you would like to use; you will need to choose a business entity form.
2. After reading Chapter 7 in the Legal Environment of Business and Online Commerce, you will examine the advantages and disadvantages of each type of entity and commit to one type.
3. You will then confirm that the corporate name is still available in the state that you choose to register in (if registration is necessary).
https://www.ilsos.gov/corporatellc/
4. You will fill out and print the form necessary to form your entity (Corporation, Limited Partnership, or LLC). If you choose a General Partnership, you will need to fill out a Trademark or Servicemark application form. The completed form should be attached as an Appendix to your paper.
5. You should explain why you chose the entity you did and delineate the advantages to using it above all of the other types. You must connect your specific business characteristics to the advantages and/or disadvantages.
http://www.entrepreneur.com/article/38822
https://www.sba.gov/starting-business/choose-your-business-structure
Part 4
Case Summary (Week 9)
1. Create a list of all of the potential reasons why your business could be sued. You will want to read chapter 12 on Torts and Strict Liability in the Legal Environment of Business and Online Commerce textbook for ideas.
2. Choose one of the potential liabilities and locate a decided case that ruled on a similar issue.
3. You will need to provide a case summary similar to what you did for the Week 5 assignment.
4. For Part 4 of your paper, you will describe the risk, explain the case that relates to it and how you could avoid this lawsuit.
Deliverable (Week 10)
1. You will write a paper in APA format (8 page minimum) with at least 5 sources incorporating each of the previous parts.
Part 1 – business description
Part 2 – business name
Part 3 – business entity
Part 4 – business risks and case summary
2. You will submit the paper to the dropbox in Week 10 and provide a hard copy to your onsite instructor on the day the Semester Project is due.
3. APA format requires both a title page and reference page. You will also include as an appendix: A. name search results, B. business entity form, and C. a copy of the case you used.
Semester Project (Unit 10 Assignment: Case Analysis)
! Published ! Edit ”
Swiss Semester Project
The purpose of this project is to go through the steps necessary to form a business in the state of Washington
in the United States. You will be determining whether the name you would like to use is available, analyzing
which type of business entity is a good fit, and what types of liability issues could arise and how you can avoid
liability by examining a similar court case.
Example Semester Project Paper
Part 1
Choose a Business (Week 4)
1. Decide what your business will do. You could choose to form a business that sells goods such as clothing,
electronics, or food. You could also choose a business that performs a service. Examples of service
businesses include hair salons, spas, and car repair.
2. Determine the target market of your chosen business. What portion of the population will your business’s
product or service? Examples of target markets include middle class families, college students, and young
professionals. After you have stated your target market, explain why your product or service would specifically
appeal to this segment of the population.
3. Decide where your business will operate within the State of Washington. Make sure that the determined
location of your business is consistent with your company’s target market.
4. You will add this information to your Semester Project paper.
Part 2
Choosing a Business Name (Week 7)
1. After deciding on what your business will do and where your business will operate, you will need to choose a
business name. Describe your business and where it will operate. You can examine more than one name.
2. Read Chapter 8 Intellectual Property.
4. You will print out the results of your search (just the first page of your google search) and attach it to your
paper as an Appendix.
5. You should fully explain whether or not you can use your chosen name and why.
3. You will perform a TESS search, a Washington state search, and a google search.
https://www.uspto.gov/trademarks-application-process/search-trademark-database (https://www.uspto.gov/trademarks-application-
process/search-trademark-database)
https://www.sos.wa.gov/corps/corps_search.aspx (https://www.sos.wa.gov/corps/corps_search.aspx)
Semester Project (Unit 10 Assignment: Case Analysis) https://wsu.instructure.com/courses/1494192/assignments/6333824
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https://wsu.instructure.com/courses/1494192/files/77582980/preview
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.uspto.gov/trademarks-application-process/search-trademark-database
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
https://www.sos.wa.gov/corps/corps_search.aspx
6. Please make sure to identify whether your name is likely to be acceptable for trademark registration after
reading chapter 6 in the Legal Environment of Business and Online Commerce. You should, at a minimum
identify whether the name is arbitrary, fanciful, suggestive, descriptive or generic and explain why.
7. You will add this information to your Semester Project paper.
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
(http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html)
https://www.sba.gov/content/how-name-business (https://www.sba.gov/content/how-name-business)
Part 3
Choosing a Business Entity (Week 8)
1. After deciding on what your business will do and where your business will operate, what name you would
like to use; you will need to choose a business entity form.
2. After reading Chapters 14, 15 ,16 in the Legal Environment of Business and Online Commerce, you will
examine the advantages and disadvantages of each type of entity and commit to one type.
3. Please use the name that you examined in part 2 of this assignment.
4. You will fill out and print the form necessary to register your entity (Corporation, Limited Partnership, or LLC)
with the state of Washington. If you choose a Sole Proprietorship or General Partnership, you will need to fill
out a Tradename Application for the state of Washington. The completed form should be attached as an
Appendix to your paper.
Corporation, LP or LLC
https://www.sos.wa.gov/corps/Forms.aspx (https://www.sos.wa.gov/corps/Forms.aspx)
General Partnership or Sole Proprietorship
http://bls.dor.wa.gov/tradename.aspx (http://bls.dor.wa.gov/tradename.aspx)
5. You should explain why you chose the entity you did and delineate the advantages to using it above all of
the other types. You must connect your specific business characteristics to the advantages and/or
disadvantages.
http://www.entrepreneur.com/article/38822 (http://www.entrepreneur.com/article/38822)
https://www.sba.gov/starting-business/choose-your-business-structure
Part 4
Case Summary (Week 9)
1. Create a list of all of the potential reasons why your business could be sued. You will want to read chapter
12 on Torts and Strict Liability in the Legal Environment of Business and Online Commerce textbook for ideas.
2. Choose one of the potential liabilities and locate a decided case that ruled on a similar issue.
3. You will need to provide a case summary similar to what you did for the Week 3 assignment.
Semester Project (Unit 10 Assignment: Case Analysis) https://wsu.instructure.com/courses/1494192/assignments/6333824
2 sur 3 01/09/2021 11:47
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
http://www.entrepreneur.com/startupbasics/namingyourbusiness/archive116244.html
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sba.gov/content/how-name-business
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
https://www.sos.wa.gov/corps/Forms.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://bls.dor.wa.gov/tradename.aspx
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
http://www.entrepreneur.com/article/38822
Points
Submitting
120
a text entry box or a file upload
Due For Available from Until
Sep 9 Everyone – –
4. For Part 4 of your paper, you will describe the risk, explain the case that relates to it and how you could
avoid this lawsuit.
Deliverable (Week 10)
1. You will write a paper in APA format (8 page minimum) with at least 5 sources incorporating each of the
previous parts.
Part 1 – Business description
Part 2 – Business name
Part 3 – Business entity Pro/Can Sole Proprietorship, Partnership, Limited Partnership, LLC, Corp C and Corp
S.
Part 4 – business risks and solutions and case summary: describe the risk, explain the case that relates to it and how you could
avoid this and other lawsuits.
2. You will submit the paper to the dropbox in Week 10 and provide a hard copy to your onsite instructor on the
day the Semester Project is due.
3. APA format requires both a title page and reference page. You will also include as an appendix: A. name
search results, B. business entity form, and C. a copy of the case you used.
Attachments
• Semester Project F16 2 x
# Rubric
Semester Project (Unit 10 Assignment: Case Analysis) https://wsu.instructure.com/courses/1494192/assignments/6333824
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César
Ritz Colleges
Bachelor of Arts in Hospitality Business Management
Law and the Legal Environment of Business
Semester project
Table of Contents:
Add Headings (Format > Paragraph styles) and they will appear in your table of contents.
Table of Contents
Part 1: Choose a business…………………………………………………………………………………
Concept ………………………………………………………………………………………………………
Target market……………………………………………………………………………………………..
Location………………………………………………………………………………………………………
Part 1: Our Business Choice
The Business Concept:
During the last one year and a half due to the COVID-19 pandemic many people have been staying at home and all kinds of food delivery businesses have flourished. Now, when the world is trying to get back to its normal phase, more people are getting quite busy due to seeking job opportunities. Thus, due to the high working pressure and busy schedule, many people are ready to pay for meal kits services. After observing an interesting article, it is forecasted for the meal kit services to grow and develop to 24 billions dollars by the end of 2027.(See
Appendix
1) There are already many businesses which have become popular and developed a lot, like “HelloFresh” – with an operating center in New Jersey and another example is the “Blue Apron” with headquarters in New York. Moreover, an interesting fact from another article shows that the meal kit industry in the United States is expected to be worth around 12 billion dollars by 2022. (Rae Oliver, 2021) Furthermore, 17% of the Americans have shown interest in services like meal kit delivery and around 90% referred their friends and family to the service they have used. Another survey shows us that around 26% of Generation X and 29% of the millennials have used this type of service before but from the baby boomers and older generations, there are only 12% of them who have tried these meal kits. However, 81% of all Americans agree that the meal kits are actually healthier than the food which is prepared in the restaurants. (Rae Oliver, 2021) Moreover, we are all familiar with the fact that most Americans are quite busy preparing their own meals and that’s why the easiest choice is to choose a fast way to eat something. Unfortunately, that’s why many people choose to eat fast food which is bad for their health. This is the reason we decided to create our business concept in Seattle with the name “Foodeathy”. We would like to help as many people as possible, who don’t have enough time to prepare their own food. That’s why we are concerned about how and what they eat and we are more than happy to create special meals according to each person’s dietary requirements. Our goal is to prepare different types of food, regarding the demands and then deliver our “ready to heat” meal kit. The good thing is that everyone can order as many times as they want and we will try our best to provide the best possible service from both quality of food and fast delivery perspective.
Target the market:
Since we are planning to establish meal kits services with affordable prices, our first target group is the group of working-class people, who don’t have time to cook because of a busy schedule. With the unpredictable work schedules, these people normally will go for snacks or junk food outside instead. A report from 2019 of The Conservation showed that in a study in 2015, 17% who don’t have regular schedules feel struggle in finding a time to plan a time to cook in advance (Brenton.J, Bowen. S, Elliot.S – 2019).
We also offer a wide food selection for the secondary target group: the older population, who have special dietary requirements. Especially, preparing a meal can become a challenge such as: poor mobility, loss interest in eating or just simply they don’t want to make food, skip the meal. Other factors like feeling depressed or loneliness can also make them unwilling to cook. In any case, inability to prepare the meal could become a sign of lacking nutrition due to failing to eat in a proper way. Importantly, this group also need a special meal, which can provide enough nutrition: vitamin D, vitamin B12, vitamin C, low fat versions of dairy foods also need to be applied for example. (Klemm – 2020).
The third group of customers is individuals, who have obesity-related diseases, such as heart disease, type 2 diabetes,…. And want to lose weight by changing their eating habit.
With the fast service plus with the range of having many types of foods, our meal kits service can be considered as the healthiest and easiest way to reach a better life.
Location:
Firstly, based on our research, within Washington State, Seattle now become the biggest company town of the entire USA thanks to the extraordinary growth of Amazon: “Amazon so dominates Seattle that it has as much office space as the city’s next 40 biggest employers combined” (Rendal – 2017). Besides, in the list of 100 largest companies located in Washington, it has 37 companies located in Seattle and it ranked from the most to the least current employees of these companies (Kolmar – 2021).
Secondly, according to the report from the government, they have more than 7747,300 citizens, including 29% are at the age of 50 and older and 12.1% are at the age of 65 and older. (Aging facts – Seattle Government).
With these reasons, we want to choose Seattle to open our main store. In fact, our store is not open as a restaurant so we don’t need a fancy place such as having to be in the heart of the city center, have to have the facade,… we are looking for cheaper rent, but have better transport opportunities instead so that the price can be affordable for both working people and the older population. Therefore, after researching, we decided to open our store at the intersection of 1st Avenue and S. Andover street at 4000 1st Ave S. As it would be suitable for us to reach out to our target market.
Part 2: Explain name, trademark
Explain the company name – Foodealthy:
“Foodealthy” is a combination of two commonly used words, “food” and “healthy”. These words represent the main values and a mission of our company. Which is to provide nutritious, healthy “ready-to-heat” meals for people who do not have time and/or will to cook themselves. Foodealthy will create meals for people with different needs such as gain mass, lose weight, vegan etc. and deliver it to clients within Seattle (“About Seattle – OPCD | seattle.gov”, 2021) in a kit designed for 2-3 days. Our meals will be easy to prepare. The only thing our clients would have to do is to put it in a microwave, and they get their nutrition meal that suits their requests. Overall, the name “Foodealthy” is unique, it is pleasant in sound and easy to be remembered by potential customers. What is also important is that it describes what the company is doing. So it can be considered as a descriptive trade mark.
Legalities & Trademarks:
The trademark “Foodealthy ” is unique and is not registered in the United States. (please refer to Apendix), so it does not interfere with any existing trademark. (Group, 2020) Also, that trademark is not a commonly used word, so it is distinctive. The company is planning to start its operations in less than 6 months. Together with that, our logo is made by us, without copying anything. So, in our case, the trademark “Foodealthy” and the logo are highly likely to be registered. However, our logo contains “Ready-to-Heat ” text which describes what we make (similar to “hotel”, “restaurant” etc.). This phrase was a registered trademark, however it was abandoned in 1993, so we can freely use it.
Part 3: Business entity
Advantage and Disadvantage of each entity types:
Entity types |
Advantages |
Disadvantages |
1. Sole Proprietorship |
– Simplest and easier form to set up a business. – Have the right to all management decisions. – Have the right to receive all profit from company – Easier to transfer or sell whenever the owner wants, don’t need other approval. – Have a better advantage in paying tax because they do not require double taxation, tax pay at an individual level only. |
– Be responsible for all the costs and debts of the company because having no separate legal entity. – Difficulty in raising a large amount of capital or money in order to expand the business. (“Sole Proprietorship Definition – Entrepreneur Small Business Encyclopedia”, 2021) |
2. Corp C |
– Have limited liability for owners – Unlimited shareholders – No restriction on ownership – Have more options for raising capital: easy to attract investors, including obtaining capital through equity financing |
– Double taxation: Must pay federal income tax at both the corporate level and shareholder level on the dividends. |
3. Crop S |
– Pays no federal tax at the corporate level. – Provide owners limited liability protection. – Flow-through taxation: Pays no federal tax at corporate level. – An S corporation owner can opt receive both salary and dividend payments from the corporation. This can result in a lower tax bill overall. |
– Can not have more than 100 shareholders – Shareholders must be citizens or residents of the USA. – Shareholders must be individuals, estates, or certain trust. Corporations and partnerships cannot be shareholders. – The corporation cannot have more than one class of stock. Shareholders do not have to have equal voting rights. |
4. Limited partnership |
– Unlimited shareholders
– General partners have rights to all management decisions. – Liability protection for limited Partners – No need to pay federal income tax, but pay flow-through taxation. – Personal liability for partnership debts is limited |
– General partners have legal unlimited liability and high risk in case of debts. – Limited partners do not have rights to make decisions. – breach in agreement. |
5. General Partnership |
– General Partnership can be created very easily – All the partners involved in the business can pass through profits and losses to their personal income taxes – Taxed at their personal income tax rates – Allows you to negotiate the terms, regarding the profits and losses, different interests, like salaries and so on. |
– Rely on state statutes to provide default rules for all aspects of governance – All partners are liable for business debts and any kind of legal issues that will show up. There is no legal protection in place because the business is not incorporated into a separate legal entity. – You are liable for your partner’s decisions, which can cause negative effects on the profits and the whole business. |
6. LLC |
– Recommended form for the new start-ups. – Having fewer corporate formalities. – Having no restrictions to the ownership – Ability to use the cash method of accounting. – Ability to place membership interests in a living trust. – Ability to reduce losses. – Tax flexibilities, avoid double taxation. |
– Profits subject to social security and medicare taxes. – Owners must recognize profits. -Owners have limited liability for the debts – Having fewer fringe benefits. |
(Sr ivy, idk how to put into 1 table)
Choice of the entity:
After conducting an in depth analyze, we decided to form our business as a Limited Liability Company (LLC). This form of business suits us because of the following reasons:
1) There are four cofounders in the company, and everyone wants to have a managing right, that is why member-managed LLC is the best option
2) Flow-through taxation. In LLC it is possible to avoid double taxation, and be taxed as a partnership, thus increasing profit after taxes.
3) Limited liability. This is the key factor of choosing LLC as a business operating format. As LLC is a separate business entity, the liability of LLC members are limited to their investment. It is important as LLC members are shield from any possible personal Liability for debts or torts of a business.
For us, these advantages are more important than comparable complications of registration of an LLC.
As we are planing to expand in the future and later operate in other states, we decided to register in Delaware, as it is considered the best state to organize an LLC, because of its laws and lower fees. As Delaware does not require an LLC to have an office there, the office will be located in Seattle. The company name will be “Foodealthy LLC”
To avoid any possible misunderstanding among members, there will be a limited liability company operating agreement created. Which will regulate all the relationships among members. Which will contain such clues as, each member has a voting and profit rights proportionate to his/her initial investment.
Part 4:
1. Potential risks regarding our business
a. Food safety : Food safety is the most concerned issue, food must be non-toxic and harmless to meet the nutritional requirements should be. Food hygiene and food safety should also be ensured in the process of food processing, storage and distribution. Especially in the context of COVID-19, the catering industry should pay more attention to food safety. In order to avoid the spread of COVID-19, employees must ensure that they are in good health and the food materials purchased from suppliers must be checked for no bacteria.
b. Food quality : Foodealthy Restaurant must ensure the good quality of food. We will strictly choose good suppliers and strictly select and prepare food with good ingredients for our guests. During the delivery process, the customer’s food will be stored in a carrying box in a low temperature environment in order to keep a fresh taste.
c. Food allergy : If the guest fails to inform the allergen in advance, causing the guest to be unwell, even if there is a prompt on our package, we may be sued.
d. Food poisoning : food poisoning adversely affects human’s health. Potential viruses and bacteria that can cause food poisoning include E. Coli, Hepatitis, Botulism, Norovirus, Listeria, and Shigella. It is a pretty common issue in the F&B industry, when businesses selling the food may be liable for failure to exercise reasonable care in storing and preparing food.
e. Defect in packaging : Heating time, method, and temperature should also be clearly written on the packing box, as well as some instructions to avoid burns.
f. Consumer privacy and data protection : In this era of advanced digital community, customers will fill in personal addresses and other information when ordering food online. Guests’ privacy may be stolen by hackers at any time. We must protect it and must not disclose or sell customer information, otherwise the restaurant will be sued by customers. (Management, 2021)
g. Delivery driver issue : In the process of delivering takeout food, drivers may encounter traffic accidents or conflict with customers.
h. Tempering : In the delivery process, some delivery drivers may take the opportunity to steal guests’ food, because delivery drivers are not immune to the temptation of delicious food and want to taste it.(Management, 2021)
2. Case
2005 Bussey v. E.S.C. Rests., Inc., 270 Va. 531, 620 S.E.2d 764.
SUSIE CAROL BUSSEY v. E.S.C. RESTAURANTS, INC., T/A GOLDEN CORRAL
Fact:
Plaintiffs Pat and Dean Minder went to defendant Cielito Lindo Restaurant, appellant to have a meal on Sunday, December 17, 1972. Dean Minder ordered a combination which included a taco, enchilada, burrito, rice and beans. Pat Minder had a similar combination except she had a tamale in place of the enchilada. (“Minder v. Cielito Lindo Restaurant”, 2021) They didn’t notice anything unusual about this meal. After leaving the restaurant, none of them ate anything. In the evening, Dean Minder felt upset in his stomach and didn’t care. The next day he ate breakfast, lunch and dinner, but he didn’t have any appetite and his stomach was still upset. Three days later, he went to work after breakfast, his body was sweating and feverish, and he felt uneasy. It was not until the 26th that he was sent to the hospital for treatment. Pat Minder, first felt a little nauseous about 4 or 5 p.m. on Sunday, December 17, and her condition was the same when she awoke on the morning of December 18. On the afternoon of December 18 she had the same symptoms, only a little worse. She had a restful night, but when she awoke on the morning of December 19, she noted the same condition. At about 10:30 that day, she felt very feverish, had chills, and went straight to bed. She also stayed in bed until she was admitted to the hospital on December 26.Laboratory tests were carried out on the interviewee at the hospital and then, on 29 December 1972, he was informed that real bacteria had been cultured from the interviewee’s stool and identified as Group B Shigella. Shigella can be spread from toilets or anything that may be touched by hands, which in turn come into contact with the mouth. Rodney Allen Hiemstra testified on behalf of the respondent, who was responsible for enforcing state health and safety regulations including inspecting restaurants for sanitary conditions and code violations. So Rodney went to the restaurant for regular inspections and found dirt, grease and food particles in the corners of the floor and behind the stove, which he considered unsanitary. The food storage area was not up to code because it was placed on the floor instead of six feet above it. The ice maker has no side plates, thus exposing the ice to dust and flies. When he revisited the restaurant a second time, the sanitary conditions had not changed.
Issue of law:
Negligence Per Se
In cases of food poisoning, the business selling the food may be held liable for a lack of care in the storage and preparation of food or may be held liable for a defective food product. It may also have breached a warranty in certain cases.(“Types of Liability & Injury Lawsuits for Food Poisoning”, 2021) From this case, it is easy to find that the food storage method in this restaurant is not hygienic, it does not meet HACCP requirements, and the food placed on the ground is easily contaminated. Many hygiene details are not in place, so this is the negligence of the restaurant.
Breach of Warranty
There is usually an implied warranty that the product will meet the expectations of the average buyer and will meet minimum quality requirements (“Types of Liability & Injury Lawsuits for Food Poisoning”, 2021). When contaminated food results in food poisoning, the affected consumer may claim that the food does not meet the expectations of an ordinary purchaser of uncontaminated food.
Decision:
Based on the fact that food poisoning caused harm to the guest’s health, the California Trial court awarded Pat Minder $6,450.35 and Dean Minder $6,299.65 and the California court of Appeal affirmed that decision.
Foodealthy, as a healthy and nutritious food delivery business, we will strictly control the food purchased by our suppliers and double-check whether the products are good quality. Regarding the storage method, in order to ensure the freshness of the food, we store it in a low-temperature environment, and all employees must do a medical check up, to ensure that there is no disease that can be transferred through food. Basically, we will strictly comply with all the regulations related with food production and delivery, for example FDA regulations. For the delivery process, we find independent couriers which will be independent contractors. We not only sign them as independent contractors, but also treat them that way. They will use their means of transport, wear their clothes. The only things that we require are the time of the delivery and ensuring that food is transferred in refrigerated boxes, and is delivered in the right condition. By doing so, we protect the company from any potential liability regarding couriers.
Part 5:
Appendix
Name search results:
TESS Search
Washington State Search
Google search
Trade mark registration:
Business entity form:
References: NEED TO HAVE 5 RESOURCES AND BE LIST UNDER EACH PART
I was no familiar with APA citation, so pls take a look to see i do the right thing or not “(with the one i put “-”)
PART 1:
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PART 2:
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PART 3:
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Part 4:
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.
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.