Introduction: Understanding the various rules and regulations governing business activities helps companies protect themselves from the stakeholders' lawsuits. Business law provides a model of conduct for entities and personal lives, thus offering individuals with certainty. Jennings (2016, Chapter 1) asserts that business personnel and companies in contracts rely on the law to protect their rights. In this case, it is essential for business personnel to research and seek to understand the law that they need to abide by before starting the business. "Ask, and it will be given to you; seek, and you will find; knock, and it will be opened to you" (Matthew 7:7 ESV). After analyzing your organization from the information you shared with me, several legal concerns need to be addressed in the Rafting business. These include agency issues, business tort issues, contract issues, intellectual property issues, human resource issues, moral and ethical issues, and environmental issues.
Contract Issues: A contract is defined as a legally binding agreement between two or more parties ( Knapp et al., 2019) . Contracts are essential in daily business activities as they protect parties involved. In business, parties use contracts to create their rules and regulations that guide their relationship. In your business, contract issues include allowing employees to purchase on behalf of the business and entering into an agreement with the tourist agencies. Lack of contract to spell out the extent of employee power exposes the business to losses. Additionally, the company does not have a contract with customers and employees hence exposing it to lawsuits.
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Your business should develop a contract determining the employees allowed to make a purchase and enter into other agreements on behalf of the business. All the authorized workers should enter into a contract with you to spell out circumstances that they are allowed to act and when they are not. Developing a contract protects you from possible lawsuits. They also ensure that parties receive what they expect and, at the same time, protect you as business personnel. For instance, developing a contract with vendors and suppliers ensures that you always receive quality products and in the right quantity. You can also use the liability waiver to protect the business from being sued in case of an accident.
Business Tort Issues: Business tort is defined as the harm committed to intangible assets rather than property or individual damages. You said that there was an instance when you and your bus driver paid $10,000 to a tourist agent to refer their clients to your river rafting business. This could cause other competing companies to sue you for diverting potential customers from them. Another issue is that your business uses images obtained from other websites and brochures. This can cause harm to the business as they are considered intellectual properties. You need to use original images and pictures taken from the river rafting business on the websites and brochures.
Agency Issues: Agency is described as the relationship between a principal and an agent. An agent operates on the authority and behalf of the principal. As the owner of the business, you take the principal's role when you ask employees to act on your behalf. The relationship between principals and agents is fiduciary. It is characterized by loyalty, trust, care, and obedience. Agents are required to act in the interest of the principal. Developing the agency contract can ensure that agents do not cause and damage to the intangible business assets. Usually, actions of agents reflect the principal’s reputation. Therefore, it is vital to ensure that they do what is right and act in the best interest of the principal.
Environmental Issues: Your Company uses the T.C.E. (Trichloroethene) to facilitate the movement and storage of rafts as an environmental hazard. Purchasing and storing the chemical in leaking containers cause water pollution. The Toxic Substances Control Act of 1976 (TOSCA; 15 U.S.C. § 601) granted E.P.A. the authority to fully control the production use and disposal of toxic substances ((Jennings, 2016, Chapter 9). Your business is at risk of being held accountable for cleaning and any damage and harm caused by the chemical. I recommend that you purchase the compound from an authorized supplier and ensure that it is stored according to the OSHA (Occupational Safety and Health Administration) requirements.
Human Resource Issues: Human resource is defined as the people and responsible for managing resources of business ( Cooke et al., 2020) . You have three river rafting guides. One of them is convicted with Counter Access Device and Computer Frauds and Abuse Act for unauthorized access to business computers without authorization. Also, it is essential to consider the validity of the Australian and Mexican employees by ensuring that their visa is valid and that they are employable. You can verify the employees' status by visiting the E-Verify.gov to ensure that they are in America legally.
Moral and Ethical Issues: There are several moral and ethical issues in your business. Misinterpreting Scripture and using it instead of contacts as a safeguard is an issue. Treating women and men employees different is also immoral and unethical. Also, allowing leaking and disposal of the chemical into the river is wrong. As Christian business personnel, you are required to be ethical and moral. You should not put personal needs before the safety and security of others ( Ciulla, 2020) . “And whatever you do, in word or deed, do everything in the name of the Lord Jesus, giving thanks to God the Father through him” (Colossians 3:17 ESV).
Intellectual Issues: Intellectual property is the law provided by the federal and state government to protect creative properties like paintings, music, drawings, and writings ( Dratler & McJohn, 2020) . It is vital to ensure that you do not infringe on other people's intellectual property rights by trademarking your business with the name "Very Best Rafting Company." You should also ensure that you are not in conflict with the federal and state laws of trademark, copyright, trade secrets, right to privacy, and publicity. Using protect images from other entities can result in lawsuits. I recommend that you conduct a search on the U.S. Copyright Office’s register of works and ensure that you follow the appropriate channels of trademarking the name and logo.
Conclusion: Owning and operating a business requires an adequate understanding of business law. It is essential to recognize the needs of the business as well as Christian requirements. Holding moral and ethical standards is vital to ensuring business success. Business law provides that business personnel protect themselves from possible lawsuits from employees, customers, and competitors. As Christians, business personnel should strive to meet and fulfill a higher calling through their business and life. Both the business and Christian guidelines require individuals to do what is right.
References
Ciulla, J. B. (2020). Business ethics as a moral imagination. In The Search for Ethics in Leadership, Business, and Beyond (pp. 121-129). Springer, Cham.
Cooke, F. L., Dickmann, M., & Parry, E. (2020). Essential issues in human resource management: introduction to the 2020 review issue.
Dratler, Jr, J., & McJohn, S. M. (2020). Intellectual Property Law: Commercial, Creative and Industrial Property . Law Journal Press.
Jennings, M. M. (2015). Cengage Advantage Books: Foundations of the Legal Environment of Business . Cengage Learning.
Knapp, C. L., Crystal, N. M., & Prince, H. G. (2019). Problems in contract law: Cases and materials . Aspen Publishers.
