External and internal analysis of “the bay”, this essay should focus on the retail business of the bay. External analysis should have General Environment (AKA “PESTEL”). External analysis also should include industry analysis, which needs to analysis 5 forces: the internal analysis should include the value chain; it needs to connect with the 5 forces. Finally, you should find out what is the problem the bay facing at. This report at least 5 pages, double space, it needs to have at least 4 references. Class Outline MGT 201 3/6/18 I. Overview for tonight’s class III. Chapter 8 Property A. Definitions 1. Property= tangible and intangible items that can be owned 2. Ownership= the right to possess and the right to exclude others from use or possession. 3. Legal Person= a human being or a corporate entity that is recognized as having certain legal rights; in this case to own property. 4. Real property= land/real estate 5. Personal property= property that is not real property. 6. Tangible property = property that is in a physical form. 7. Intangible property= property that does not physically exist but is still subject to ownership principles ie intellectual property that we will cover in Ch. 9. B. Methods of Acquisition of personal property 1. Production- if you create something you own it. 2. Gift= a voluntary transfer of property. The parties to a gift are a donor and donee. Inheritance is a gift through the donor’s estate. 3. Purchase= method of acquisition of personal property for ownership involving trade of valuable consideration ($). 4. Abandoned property= where the owner has intentionally relinquished the property, a person who finds the property owns it. 5. Lost or mislaid property- if the property is unintentionally relinquished by its owner, the owner can demand it back through a conversion action if necessary. C. Methods of Acquisition of real property 1. Ownership rights are transferred by title- recording a deed of title places others on notice of property ownership. 2. Purchase 3. Inheritance and gift- 4. Adverse Possession= a method of acquiring ownership of real property of another when the following conditions are met: a. the possessor must be in actual possession b. the possession must be open and obvious c. the possession must be hostile d. the possession must be continuous e. the possession must be exclusive f. the length of time required by state statute must be met – Ohio is 21 years D. Ownership Interests 1. Fee simple absolute- complete ownership 2. Fee simple defeasible- is subject to a condition 3. Life estate- a granting of real property for the lifetime of the grantee (possessory interest) E. Duties of Landowners- depends on the status of the person entering their land 1. Trespasser-owner has a duty not to intentionally injure a trespasser a. Special rule exists for children trespassers- attractive nuisance doctrine requires property owners to protect against things that attract curious children but are da ...

1. External and internal analysis of “the bay”, this essay should
focus on the retail business of the bay.
External analysis should have General Environment (AKA
“PESTEL”).
External analysis also should include industry analysis, which
needs to analysis 5 forces:
the internal analysis should include the value chain; it needs to
connect with the 5 forces.
Finally, you should find out what is the problem the bay facing
at.
This report at least 5 pages, double space, it needs to have at
least 4 references.
Class Outline MGT 201
3/6/18
I. Overview for tonight’s class
III. Chapter 8 Property
A. Definitions
1. Property= tangible and intangible items that can be owned
2. Ownership= the right to possess and the right to exclude
others from use or possession.
3. Legal Person= a human being or a corporate entity that is
recognized as having certain legal rights; in this case to own
property.
4. Real property= land/real estate

2. 5. Personal property= property that is not real property.
6. Tangible property = property that is in a physical form.
7. Intangible property= property that does not physically exist
but is still subject to ownership principles ie intellectual
property that we will cover in Ch. 9.
B. Methods of Acquisition of personal property
1. Production- if you create something you own it.
2. Gift= a voluntary transfer of property. The parties to a gift
are a donor and donee. Inheritance is a gift through the donor’s
estate.
3. Purchase= method of acquisition of personal property for
ownership involving trade of valuable consideration ($).
4. Abandoned property= where the owner has intentionally
relinquished the property, a person who finds the property owns
it.
5. Lost or mislaid property- if the property is unintentionally
relinquished by its owner, the owner can demand it back
through a conversion action if necessary.
C. Methods of Acquisition of real property
1. Ownership rights are transferred by title- recording a deed of
title places others on notice of property ownership.
2. Purchase
3. Inheritance and gift-
4. Adverse Possession= a method of acquiring ownership of real
property of another when the following conditions are met:
a. the possessor must be in actual possession
b. the possession must be open and obvious
c. the possession must be hostile
d. the possession must be continuous
e. the possession must be exclusive
f. the length of time required by state statute must be met –
Ohio is 21 years
D. Ownership Interests
1. Fee simple absolute- complete ownership
2. Fee simple defeasible- is subject to a condition
3. Life estate- a granting of real property for the lifetime of the

3. grantee (possessory interest)
E. Duties of Landowners- depends on the status of the person
entering their land
1. Trespasser-owner has a duty not to intentionally injure a
trespasser
a. Special rule exists for children trespassers- attractive
nuisance doctrine requires property owners to protect against
things that attract curious children but are dangerous- ie the
reason you have a fence around a swimming pool
2. Licensee= someone who has permission to be on the land.
Landowner has a duty to warn a licensee of a known defect. ie-
landlord has a duty to warn a guest of a tenant of a defective
step on the porch.
3. Invitee= someone who has entered real property by
invitation. Landowner has a duty to inspect for defects and
correct those defects.
F. Special Considerations with real estate
1. You can grant someone subsurface rights
2. You can grant someone an easement which is simply a right
to use your land. It is considered a non-possessory interest in
real property.
3. Your property may have restrictions on land use- covenants,
zoning ordinances, etc.
IV. Chapter 9 Intellectual Property
A. Definition = Intangible property which was created by human
ingenuity.
IP has all the properties of personal property. In other words,
the owner has the right to exclude others from use or
possession.
Infringement= to interfere with someone’s IP rights.
B. Types of IP
1. Patent- covers inventions and processes (drugs, materials,
equipment)
2. Trademark- covers words, marks, symbols

4. 3. Copyright- covers creative works of authorship
4. Trade Secret- anything a company wants to keep confidential
C. Source of law= Article I section 8 of the Constitution- says
Congress may promote the Progress of Science and useful Arts,
by securing for limited times to Authors and Inventors the
exclusive right to their writings and discoveries.
D. USPTO= the system to protect patents and trademarks
through a registration process.
E. Patents-
1. Last for a finite period of time (typically 20 years)
2. The person who holds the patent is a patent holder or
patentee.
3. The patent system was historically based on a first to invent
rule. If two people invented the same thing whoever can
establish being first to invent gets to file the patent. This has
been modified in 2013 under the AIA (America Invents Act)
that is using a first to file rule. Now whoever files first
regardless of who may have invented first, gets first rights to
the patent.
4. Some life forms are patentable ie genetically modified plants
and animals for research purposes. Humans are not patentable.
5. Process- attorneys who prosecute patents (apply for and
advocate for) pass a separate patent bar and must have an
engineering or science background. While the application is
pending, an inventor can use the term “patent pending” on the
invention.
6. Many patent applications for business method patents- ie
one-click patent granted to Amazon.com to purchase items on
the internet.
7. Licensing- the commercialization of a patented product that
allows others to use the invention in a commercial way ie-
Amazon licensed the one-click to Apple so Apple can feature
this on its websites as well.
8. Compulsory licensing= countries can force a pharmaceutical
drug licensing in light of a medical emergencyie antiretroviral
drugs licensed to companies to produce generic drugs in the

5. treatment of AIDs patients in Africa.
9. Patent infringement= a violation of a patent holder’s patent.
10. Patent trolls- a patent holding company that solely exists to
sue potential infringers.
F. Trade Secrets-
1. last forever
2. are not filed- if they were they would be required to reveal
the very secret they hoped to protect.
3. examples- soft drink recipes
4. to protect your trade secret against an infringer, you would
file a claim of misappropriation.
5. You can reverse engineer to discover a trade secret (unlike a
patent)
6. Uniform Trade Secrets Act (UTSA) is the law that protects
trade secrets
G. Trademarks= any logo, mark, word or other characteristic
that identifies a particular good or service.
http://quizible.com/quiz/famous-logo-quiz/3748
https://www.ohio.com/akron/pages/beer/warped-wing-
welcomes-flyer-red
1. Lanham Act- law that protects trademarks
2. Colors, sounds and even shapes of containers can be
trademarked if they are distinctive enough.
3. TM is a common law trademark and R in a circle ®is a
registered trademark
4. Things that cannot be trademarked are government symbols
(U.S. flag) things that are merely descriptive (kid’s meal) and
anything immoral.
5. Domain names and cybersquatting- still cases of people
claiming and selling it to rightful owner.
H. Copyright= the exclusive right of an author to their
respective work to the exclusion of others.
1. Examples- movies, songs, books, photographs, works of art,

6. scholarly papers, etc.
2. First Sale Doctrine- the rightful owner of a piece of
copyrighted work can do with it what he/she wants including
reselling it.
3. Fair Use Doctrine- an affirmative defense mainly for
educational purposes. Depends on the (a) amount (b) nature (c)
purpose and (d) effect on the market. Only a judge/jury can
determine a fair use of what is otherwise technically copyright
infringement.
http://i.perezhilton.com/wp-content/uploads/2011/04/mike-
tyson-lawsuit-tattoo__oPt.jpg
Class Outline MGT 201
2/27/18
I. Overview for tonight’s class
II. Chapter 7 Torts
A. Definition Tort = a civil wrong
B. 3 Types of Torts
1. Intentional Torts
2. Negligence
3. Strict Liability
C. Intentional Tort = where the defendant (tortfeasor) acts with
the intent of causing a particular outcome.
1. Assault= an intentional act that creates apprehension or fear
of immediate harm
2. Battery= any unconsented touching
3. Intentional Infliction of Emotional Distress= extreme and
outrageous conduct that intentionally or recklessly causes
severe emotional distress
ie. A prank telling a parent their child had been killed.
4. Invasion of Privacy= the intrusion into the personal life of
another without legal justification ie. Hackers getting photos
from social media
a. Misappropriation= using another’s name or likeness without
permission. A specific form of invasion of privacy.

7. 5. False imprisonment = intentionally confining another person
without justification
6. Fraud = misrepresentation of facts with reckless disregard for
the truth
ie. Lying on your resume to get a job
7. Intentional tort against property
a. Trespass to land- if someone enters onto someone’s land
without permission.
b. Nuisance- when someone interferes with someone else’s quiet
enjoyment of land or interferes with public health.
c. Attractive nuisance- when a homeowner creates a dangerous
situation for children ie pools, trampolines, etc.
8. Intentional tort against personal property
a. Trespass to personal property- taking another’s property
without permission (ie borrowing a car)
b. Conversion –taking property from another permanently
D. Negligence
1. Elements-
a. Duty- because of special relationships, business have a duty
to follow stated policies, landowners have a duty to keep their
premises safe, parties to contract have a duty to abide by the
terms and conditions
b. Breach- fail to discharge your duty
c. Proximate causation= when the injury flows from that breach
of duty
d. Damages= a way to quantify the injury
2. Examples
a. car accidents
b. premises liability (slip and fall)
c. recreational activities
e. Malpractice= negligence committed by certain professionals
f. Mass tort= class action lawsuit – many plaintiffs suing a
defendant (usually corporate)
E. Affirmative Defenses to negligence claims = a response by
the defendant that raises a justification or excuse for the

8. defendant’s conduct
1. Assumption of the risk= plaintiff voluntarily and knowingly
assumed known risks. Ie. Bungee jumping, sporting events,
recreational activities
2. Open and obvious = protects a landowner when a
guest/customer is injured by an open an obvious danger or
hazard
3. Contributory Negligence= when plaintiff contributed to
his/her own injury
4. Good Samaritan laws= laws that shield someone who aids an
injured person
F. Strict Liability= liability without fault
1. Ultrahazardous activities- ie transporting explosives, serving
alcohol to minors or visibly intoxicated people.
2. Product liability= when there is a flaw in the manufacturing
or design that makes the product unreasonably dangerous
G. Respondeat Superior- when an employee commits a tort in
the workplace the employer is usually found responsible unless
the employee was acting outside the course and scope of
employment.
Class Outline MGT 201
2/6/18
I. Overview for tonight’s class
II. Chapter 5 The Constitution
A. Articles of Confederation- this was the first constitution of
the US and it established a limited federal government. Two
major shortcomings: (1) lacked the power to tax so government
was frequently near bankruptcy; and (2) left the power to
regulate commerce to the states so no uniformity.
B. Current Constitution was adopted in 1787- located in Chap
14 of your textbook.

9. 1. Preamble-
https://www.youtube.com/watch?v=30OyU4O80i4
2. Main body of the Constitution is concerned with structure
including the separation of powers= division of government
authority among the separate branches of government
a. legislative power to Congress (enact laws)
b. enforcement of laws to Executive branch/President
c. Interpretation of laws to Judiciary
3. Article I- grants specific powers to Congress/ the legislative
branch; a bicameral legislature = 2 houses
a. House of Representative- 435 members proportionate to a
state’s population; elected for 2 year terms; led by the Speaker
of the House
b. Senate- 2 members per state for 6 year terms
4. Article I Section 8
(a)Commerce Clause-Congress has the power to regulate
commerce;
(b) to make money (currency);
(c) to establish uniform law on naturalization= the process to
become a US citizen;
(d) to establish uniform law on bankruptcies;
(e) to tax;
(f) to spend public revenue to meet broad objective = spending
power
(g) to regulate patents and copyrights = copyright clause
(h) to make all laws which are necessary and proper to carry out
these powers and other powers of gov’t = necessary and proper
clause
5. Much debate over the scope of Congressional authority
a. Civil Rights Act of 1964 (prohibiting discrimination based on
race, national origin and sex) was enacted with Congress
relying on the Commerce Clause to pass the law. Heart of
Atlanta Motel v. United States (1964)

10. b. ACA- Affordable Care Act upheld finding that the mandate
was a tax and therefore constitutional under Article I section the
power to collect taxes. National Federation of Independent
Business v. Sebelius, (2012)
c. National Minimum Drinking Age Act- required states to
adopt a minimum age of 21 to purchase/possess alcohol.
Congress withheld federal highway funds from any state that
did not pass the “state” law.
6. Article II- establishes the executive branch of government-
deliberately vague
7. Article III- establishes the judicial branch through our court
system
8. Article VI- establishes the Supremacy Clause. The doctrine
of preemption = permits federal law to trump a conflicting state
law
C. Bill of Rights-the first ten amendments to the Constitution-
almost immediately passed upon finalizing the Constitution,
giving citizens certain inalienable rights. Tourists and
international students are also entitled to full protection as well.
1. First Amendment- freedom of speech, religion and the press
2. Second Amendment- right to bear arms
3. Third Amendment- no soldier shall stay in a home without
the owner’s consent in a time of peace.
4. Fourth Amendment- right against unreasonable search and
seizures
5. Fifth Amendment- right to remain silent, no double jeopardy,
and due process
6. Sixth Amendment- right to a speedy trial right to a jury trial
(for criminal cases), right to counsel, right to confront
witnesses
7. Seventh Amendment- right to a jury trial in certain civil
cases

11. 8. Eighth Amendment- right not to endure cruel and unusual
punishment
9. Ninth Amendment- rights not conferred by the Constitution
shall be retained by the people.
10. Tenth Amendment- reserves state power for those things not
delegated to the federal government.
D. First Amendment-
1. Freedom of Religion Two clauses on religion-
a. Establishment Clause = prohibits the government from
establishing a religion
b. Free Exercise Clause= prohibits government from preventing
the free exercise of religion
c. Inherent conflict between the two clauses – particularly if
free exercise is interpreted to mean religion can be practiced
freely in places like public schools or government buildings
d. Wall of Separation= term coined by Thomas Jefferson to
create a separation between church and state.
2. Freedom of Speech
a. Types of speech that enjoy protection
(1)Courts grant most deference to political speech = any speech
dealing with politics or political figures (even if criticism)
(2)Symbolic speech (a form of political speech)= speech that is
displayed or performed instead of spoken – ie flag burning
(3) Commercial speech= speech through corporations can take
the form of (a) advertising (b) press releases and (c) campaign
contributions and each has varying degrees of protection
3. Historically courts found that corporations had no
protection under the First Amendment.
1. 2002 S.Ct. agreed to hear the case against Nike to determine
whether or not press releases issued over sweatshop conditions
in foreign factories were more like political speech protected by
First Amendment. Case settled.
1. 2010 S.Ct held that corporations are persons and therefore
entitled to engage in political speech. Four dissenting opinions
around the notion that if a corporation can’t vote, it should not
be allowed to influence elections.

12. 4. Types of speech that do not enjoy protection:
(1) speech that incites panic – yelling fire in a crowded theater
(2) defamation= false statements that damage someone’s
credibility or reputation- seen in two forms; libel= written and
slander= spoken
(3) obscene speech
(4) threats or hate speech
Note: even though these types of speech don’t enjoy protection
once spoken, doctrine of prior restraint cannot restrict speech
before it is uttered
5. Time place and manner restrictions- can limit protected
speech to reasonable parameters in order to further an important
governmental interest. ie protests However, any restriction on
First Amendment must be no greater than necessary to further
governmental interests.
0. Concept of overbreadth= a law that restricts legal conduct as
well as illegal conduct will typically be struck down.
E. Other government restrictions
1. Due Process= when government takes life, liberty or property
fundamental fairness and decency standards apply– appears in
both the Fifth Amendment and the Fourteenth Amendment
1. Applies only to government action not private entities like
corporations
1. Procedural due process = government must use fair
procedures
1. Substantive due process = legislation itself must be fair
1. Special application- Punitive Damages = damages awarded to
plaintiffs to prevent similar conduct by the defendants in the
future
Businesses use substantive due process to challenge punitive
damage awards.
Example= award of $4million to a plaintiff for damages to his
BMW resulting in lost resale value of his car- award not meant
to make the plaintiff whole, but instead to punish BMW and

13. prevent future conduct of a similar nature
BMW appealed and S.Ct. found the award was unconstitutional.
The court considered 3 factors in making that determination.
1. Equal Protection Clause = requires states to provide equal
protection of laws to persons within their jurisdiction.
Fourteenth Amendment
1. Implicated when a law limits the liberty of some people but
not others a form of discrimination
1. Supreme Court uses a guideline to determine equal protection
cases using three standards of scrutiny
1. Minimal Scrutiny – when law involves economics, age, social
relations
1. Intermediate Scrutiny- when law involves gender
1. Strict Scrutiny- when law involves race or a fundamental
right (to vote, marry, etc.)
1. 6 variables for the standard of review come in pairs:
1. Minimal Scrutiny = government must show law is rationally
related to a legitimate state interest
1. Intermediate scrutiny = government must show law is
substantially related to an important state interest
1. Strict Scrutiny= government must show law is necessary to
promote a compelling state interest
1. Examples
1. Minimal Scrutiny = minimum driving ages; government
assistance programs to single indigent parents (and not wealthy
individuals)
1. Intermediate Scrutiny = single sex education at Virginia
Military Institute; male only military drafts
1. Strict Scrutiny = affirmative action cases (Grutter v.
Bollinger)
Class Outline MGT 201
2/20/18
I. Overview for tonight’s class
II. Housekeeping

14. III. Chapter 6 – Contracts
A. Contract = a legally enforceable promise
1. Can be in writing but many every day transactions are not
2. When a legally enforceable promise is broken, the injured
party can seek damages = compensable loss.
3. Breach = the failure to perform duties or obligations required
by the contract.
4. Recall from Chapter 1 that contracts are a form of private law
between the parties to the agreement and not to the public at
large.
5. Terms = the elements of contracts that address specific
matters (ie quantity, price, delivery, etc.)
B. Formation of Contracts
1. Two sources- a. common law and b. Uniform Commercial
Code(UCC)= model statute that provides uniform terms for
contracts between merchants for the sale of goods. Helps avoid
a battle of the forms scenario.
2. Common Law Formation= includes offer, acceptance, and
consideration
a. Offer = common law function of setting forth something to
which another party can accept
b. Acceptance= common law agreement as a mirror image of the
offer.
c. If the acceptance alters the terms/conditions at all it is
considered a counter offer= a rejection of the offer and a new
offer made
d. Consideration= a bargained for exchange- often stipulated
3. For an offer to be valid, the contract must be for a legal
purpose
4. And the parties must have the requisite capacity to enter into
a contract.
a. Minors lack legal capacity
b. Cognitive defects
c. Involuntary impairment due to drugs or alcohol
d. These parties can disaffirm a contract.

15. C. Types of Contracts
1. Unilateral contract = the acceptance is only through action
2. Bilateral contract = a contract where both parties make a
promise
3. Non-compete agreement= employer term preventing you from
working for a competitor if you end your employment.
a. If part of the original negotiation, it is binding. If made only
after you accept the position, then technically they owe
additional consideration to make that binding.
b. Other limitations- geographical boundaries and reasonable
time limitations.
D. Not Contracts at all-
1. Advertisements = simply an invitation to bargain= requests
for people to make offers
Example- Pepsi Point promotion to buy a military jet for $700k-
court found commercial was not an offer
2. Illusory Promise = a statement that make look like a contract,
but because it is conditional, it lacks a firm commitment. ie- I
agree to buy your car for $10K if I don’t find one cheaper.
E. Performance
1. Performance = undertaking the legal duties imposed by the
terms of the contract.
2. When all parties have successfully fulfilled their contractual
obligations the parties are discharged= released from additional
requirements
3. When parties do not fulfill their contractual obligations they
are said to be in breach= failure to perform duties and
obligations required by the contract
4. Complete performance= fully performed the obligations
5. Substantial performance= acted in good faith and conveyed
enough benefit to the other party to keep a valid contract with
any defects to be remedied by monetary damages
6. Strict performance= a standard that requires complete and

16. perfect performance
7. Personal Satisfaction= when a contract requires it, you can
have a subjective standard govern performance
F. Defenses to contract performance/breach of contract- valid
reasons why a contract cannot be performed:
1. Formation problems- lack of capacity
2. Illegal subject matter- gambling, assassination, drugs, etc.
3. Impossibility- ie if you agree to do business in a country that
is under a trade embargo
4. Duress- a party was coerced into an agreement
5. Unconscionability- markedly unfair terms against a party
with less sophistication
6. Undue influence- when one party is unable to exercise free
will because of the influence of another- ie an agreement to
transfer wealth by an elderly person
7. Violation of the Statute of Frauds- certain contracts must be
in writing to be valid:
c. Real property
d. Promise to pay the debt of another
e. Contracts that cannot be performed within 1 year
8. Mistake
9. Misrepresentation
10. Statute of limitations- affirmative defense for waiting too
long to bring a claim- 8 years in Ohio (this is a recent
adjustment down from 15 years)
IV. Other practical considerations of contracts
A. As a matter of law, contracts are assignable and delegable
unless the contract itself expressly restricts this.
1. Assignment = the ability to transfer contract rights to another
party
2. Delegation = the ability to transfer contract duties to another
party
3. Restriction on assignment= the clause in the contract that

17. transfers the contract to another party. An example of this is a
no sublease clause in a lease agreement.
B. Exculpatory Clauses = express limitation of actual or
potential liability.
1. Types:
a. Hold harmless = you agree not to hold the other party
responsible.
b. Indemnification = you agree to stand in the shoes of the other
party and defend them.
c. Limitation of liability= you agree to a cap on the amount you
can recover to a specific dollar amount or up to the amount paid
under the contract.
2. Very common as a risk transfer method.
3. Read these clauses carefully and in business transactions,
seek to negotiate to at least an even application.
C. Other contract clauses to be mindful of
1. Mandatory arbitration clause- a specified way to resolve
disputes outside the court system.
2. Acceleration clause- clause that accelerates all payments due
upon breach (seen in loan agreements)
3. Liquidated damages – clause that sets the amount of damage
in the event of a breach.
4. Exclusivity clause- in vendor agreements, a requirement that
you can only use that vendor for a particular service Macy’s v.
Martha Stewart
5. Jurisdiction- requirement that disputes be resolved in a
certain state (or country) using that state’s (or country’s laws)
6. Intellectual Property- transfer of IP to one party
7. Termination clause- always know your exit strategy