Memo For Business Analysis Paper

From: Eric, Nshimiyimana
To: Larry Lawless
Date: November 25, 2015
Subject: Analysis of Acme’s Legal Liabilities and Recommendations on Establish a Business

Dear Larry:
This memo contains two important aspects. The first one will focus on legal liabilities associated with Legalpalooza unfortunate events while the second one will ascertain as well as showcasing recommendations on the best option if Acme wants to establish a new business to run future Legalpaloozas. Therefore, this memo will tackle those aspects effectively and highlight recommendations that Acme Widget can base on while planning to form its sub organization.
To analyze effectively if Acme has any legal liability for the unfortunate event such as being liable for negligence,

This is because, in order for Acme (defendant) be liable for negligence, Acme should have owned a duty to attendees (plaintiff) who became sick. As a result, there is no breach of duty that Acme committed. Even if attendees became sick because of the “bad popcorn”, identifying or foreseeing that popcorn are bad were very difficult and it was not Acme’s intention. Since there is not a physical injury resulted from consuming “bad popcorn” except sickness, it is evident that Acme should not be held liable for

According to Nolo (2015), tort refers to any action that cause harm to someone else, whereas intentional tort is a tort done with a purpose or planned tort. Referring to this Nolo’s definition of intentional tort, it is clear that Acme did not committ an intentional tort of battery. Firstly, Acme did not plan or have a purpose to provide “bad popcorn” to attendees because popcorn were delivered by vendors that have signed contracts with Acme. Secondly, the fact that all attendees were not sick is a clear sign that it was not Acme’s intention to harm attendees. Acme cannot ignore that many of them were affected, but if Acme had a purpose to harm attendees, all of them should have been affected not a portion of them.
However, Acme is liable for strict liability. According to Advice Company (2015), an individual or a company is legally responsible for strict liability if action done by such individual or company causes any harm regardless of any sign of negligence or intention of causing harm. Since attendees got sick when they attended Legalpalooza events organized by the Acme Widget Company, Acme is liable for strict liability even if the popcorn that caused harm did not prepare by Acme. Therefore, Acme needs to pay any damage that might be associated with attendees’