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The case
Your boss wants to set up a new business entity. The background is that your company is going to engage in a new business related to the business of your current company. The new business is a little risky. Your boss does not want your current company to answer for any problem from the new business. Of course, it will be perfect if the new company can save tax since the tax may reduce the profit of the new business and leave less money for it to reinvest.
Task
Please advise your boss on what kind of business organization he should register. Submit this advice as a business memo.
Special instruction:
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You can advise your boss to select from two types of business organizations. The issue is whether xxx (a form of business organization) is better than xxx (another form of business organization)?
You should tell your boss that after screening you find that those two types of business are the best ones among other options. Then, compare them.
You still need to follow the IRAC format for the legal section.
Related rule
The advantages and disadvantages of different types of business organizations are discussed in the textbook.
Legal writing instructions (for you to refresh the IRAC writing)
Standard legal writing consists of 4 sections, the issue, the rule, the analysis, and the conclusion (IRAC). Typically, this structure of legal writing is for law school training purposes, applying mainly to case law summaries. In fact, it can be expanded to more general legal writings, including non-professional writing regarding legal issues in business. Here is the introduction to IRAC writing.
Basic IRAC
Issue: State the legal issue(s) to be discussed.
Rule: State the relevant statutes and case law.
Analysis/application: Apply the relevant rules to the facts that created the issue.
Conclusion: State the most likely conclusions using the logic of the application section. Don’t forget to include any alternative outcomes created by ambiguities in the relevant facts and rules.
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For example, your company is an international trading company. You are in charge of sales. You accepted an order from your customer to deliver the good by a given date. However, due to some reasons, the factory could not make the product ready for delivery by the given date. Your customer was willing to wait. He asked for double damages for the loss due to the delayed delivery. You do not think this is a reasonable claim. However, the customer may cancel the order and terminate the contract if you deny his request. You want to submit a report to your boss about this issue with an analysis of the legal risk. You can apply the IRAC method to the legal issue part of the report.
An instruction on the IRAC writing for law student is available online at https://www.csun.edu/sites/default/files/IRAC ANALYSIS_Saunders.pdf. Please read it carefully. You may make your writing professional if you study it well and do more writing exercises.
Note: to access to the online instruction provided above, you need to hold the Control button and then use your mouse to click the link. For weird reason, the copy-and-paste method does not work.
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