1 • Two assignments which will test your ability to apply a range of theories, concepts and rules in business law; ASSIGNMENT 2 GUIDELINES This assignment consists of two elements: • Your responses to questions (as listed below) taken from Chapters 10 to 16 in the text; and • Your responses to questions relating to case based questions (as listed below) taken from Chapters 10 to 16 in the text. This assignment will require you to submit a formal report of your responses to the questions as a Word document submitted through the Assignment 2 Turn It In drop box on the course Moodle site. Do not repeat the questions in your submission but make sure that you number your responses consistent with the assignment. There is no formal minimum or maximum length for your reports but you should expect that a minimally satisfactory response for each question will be at least 150 words and at least 250 words for each case based question. You may exceed this minimum but a minimally satisfactory response is not likely to be less than the minimums stated above. Make sure you reference any external sources you use in your responses. Submissions that are excellent and earn a grade of 80 and higher will have no errors of grammar, spelling, citation, referencing, or writing style. They will exhibit an appropriate level of professionalism in terms of their formatting and they will have evidence of secondary research to support the responses. The responses will cover all aspects of what is stipulated as required in each question and consistent with the grading rubric below. Submissions that are very good and earn a grade between 68 and 79 will have some errors of grammar, spelling, citation, referencing and some issues with writing style and clarity of expression. They will also not demonstrate a high level of secondary research to support responses and they will be consistent with the grading rubric below. Submissions that are satisfactory and earn a grade of 50 to 67 will have significant examples of spelling, grammar and writing style errors and only respond to the questions in a perfunctory manner. They will be consistent with the grading rubric below. Submissions that are unsatisfactory and earn less than 50 will have serious issues with all of the elements discussed above. Responses that are unintelligible will receive a grade of 0. Again, they will be consistent with the grading rubric below. ELEMENTS Issue identifies by name the area/s of law that is relevant to Unsatisfactory (0-49) Neither the relevant area(s) of law nor the legal problems that Satisfactory (50-67) The area of law is correctly identified but the statement Very Good (68-79) The area of law and the legal problem(s) to be addressed are Excellent (80-100) The area of law and the legal problem(s) to be addressed are DE 209 Assignment 2 Guidelines and Instructions – revised September 2019 the problem question and clearly describes the legal problem that must be addressed. need to be addressed are identified with precision. Rules of Law No relevant legal principles have been identified with precision. states the relevant legal principles. The source of authority will be a statute, case law or a combination of both. Analysis consider each legal principle identified in the Rules section and explains its relevance to the facts. It states how each principle can be applied/distinguished to support logical arguments about how the Issue(s) will be resolved. Decision is stated and provides an overview of how the arguments in the Analysis section address the Issue(s). Professionalism The submission is clear, concise, and precise. It employs proper sentences and carefully crafted paragraphs. The grammar, spelling and punctuation are correct. does not clearly describe the legal problem(s) that need to be addressed. Some identification of relevant legal principles. In the Moot Project, the correct source(s) of authority have not been cited accurately, or at all. The discussion considers some of the relevant legal principles but does not effectively apply those principles to the key facts to support logical arguments about how the Issue(s) will be resolved. identified but the description of the problem(s) is unclear or incomplete. All or most of the relevant legal principles are stated, but the explanation of the principles is unclear or incomplete identified clearly and completely. The discussion considers the application of most of the relevant legal principles to the key facts but the arguments are not all clear, and some are incomplete. The discussion is a clear, comprehensive analysis of the relevant legal principles and their application to the facts. It supports logical arguments about how the Issue(s) will be resolved. The Decision is not stated or is not supported adequately. The Decision is clearly stated. It is supported by some of the arguments but does not adequately explain how they address the Issue(s). The submission contains numerous grammar, spelling, and punctuation errors. The reader/listener is unlikely to understand much of the material that is presented. The submission is marred by grammar, spelling, and punctuation errors. The reader/listener must work hard to understand the material presented. The Decision is clearly stated. It is supported by most of the arguments but the explanation of how those arguments address the Issue(s) is unclear/incomplete. The submission contains some grammar, spelling, and punctuation errors. While it may not be a joy to read, or to hear, it is easy to follow. The Decision is clearly stated. It is well supported by arguments in the Analysis section and clearly explains how those arguments address the Issue(s). The submission employs correct grammar, spelling, and punctuation. It is clear, concise and precise. It is a joy to read, or to hear. The discussion of the facts does not refer to any relevant legal principles, or does so inadequately. All relevant legal principles are clearly explained. In the Moot Project, all correct sources of authority are given. Responses to questions, as mentioned above, will require some level of secondary research to support answers. Where you use published material not contained in the text, you must cite it and reference it as you would in any other report using APA referencing and citation style. Where you use personal knowledge or experiences, no reference is necessary but you must make it clear that this is the source. Where you refer to material from the text, it is acceptable to simply provide a page reference in parentheses. Be very careful not to plagiarize the text, ie, do not to use the exact wording of the text to respond to questions but if you do or if you paraphrase the text, you must cite them properly in accordance with APA citation guidelines. This assignment is worth 20 final marks in the course. The marks will be split equally between each element, ie, responses to questions will be worth 1 mark each and responses to case and discussion questions will be worth 2 marks each. Responses will be assessed on their comprehensiveness, ie, the first four elements of the rubric (70%) and professionalism (30% - grammar, spelling and writing style). 2 3 DE 209 Assignment 2 Guidelines and Instructions – revised September 2019 ASSIGNMENT 2 INSTRUCTIONS Submit a report containing your responses to the following questions and case discussion questions based on Chapters 10 through 16 of the text by the deadline published in the Assignment Schedule. Your report must be submitted as a Word document through the Assignment 2 Turn It In drop box on the Moodle course site. Do not submit PDF’s. Questions: Respond to the specific questions asked below and ensure that you include in your responses, discussion of the elements in the grading rubric. 1. The Sale of Goods Act imposes terms relating to goods matching samples or descriptions, and meeting standards of fitness, quality and title. Explain the nature of these implied terms and their effect on the parties. Indicate which terms are conditions and which are warranties. Explain the significance of the distinction. 2. Distinguish among a derivative action, dissent and oppression. Explain when it would be appropriate to use each of them. 3. What is meant by a restrictive covenant? Under what circumstances will such a covenant be binding on subsequent landowners? How does this relate to a building scheme? 4. Distinguish among an employee, an independent contractor and an agent. 5. Set out the nature of the duties owed by a director of a corporation. To whom are these duties owed? Who else in the corporate organization owes similar duties? 6. What factors will a court take into consideration when determining compensation in a wrongful dismissal action? Indicate the various types of remedies that may be available to the plaintiff. 7. Distinguish between an agent’s actual, implied, and apparent authority. Explain why this distinction can be important from the agent’s point of view. 8. Contrast a tenancy in common with a joint tenancy, and indicate how one can be changed to another. Why is the distinction important? 9. List the concerns for employers arising from computer misuse by employees in the workplace. What steps can employers take to minimize the risk of vicarious liability? 10. How does the Bulk Sales Act protect creditors when a business is selling all, or almost all, of its assets? Case Discussion Questions 3 3 DE 209 Assignment 2 Guidelines and Instructions – revised September 2019 Respond to the specific questions asked below and ensure that you include in your responses, discussion of the elements in the grading rubric. Case 1 Doug and Bill Tremblett were brothers and, at least in the early stages, owned a fishing boat together. The brothers worked together in the fishing operation from 1989 to 2004 using a crab license that Bill had acquired through a swap and that was held in his own name. The crab fishing license was the primary asset of the business and the main subject matter of the dispute. After the brothers stopped working together Bill continued on with the fishing enterprise, relying on the crab license he had obtained. Explain any claim Doug might have against Bill in this situation. Would it affect your answer if Bill did more than Doug? If the value of the license was over $800,000 at the time they stopped fishing together, what would Doug be entitled to if successful given the trial took place in 2012? Case 2 Adams was involved in a direct mailing scheme centered in Ontario and aimed at subjects in the United States. These direct mailings contained false and misleading representations contrary to section 52(1) of the Competition Act. He was charged under that section in the action. Explain any arguments that he might be able to raise in his defense. Does it make any difference where his potential victims reside? If this prosecution were unsuccessful under the Competition Act, is there any other legislation that can be used against him? Case 3 The City of Kitchener passed a new statute in its Property Standards By-Law prohibiting the distribution of light that disturbed adjacent inhabitants or trespassed on their property. An order to desist such light distribution was issued to 48965 Ontario Ltd. They disputed the order, claiming that the bylaw was too vague and retrospective. What do you think? Was it being applied retrospectively? Can such a by-law regulating the distribution of light be clear, or is it necessarily vague? Case 4 The corporation defendant consented to a judgement against it. The issue was whether its owner/director, Smith, was personally liable. The defendant corporation provided cabinets for Smith’s personal residence. The transaction was with the defendant corporation. The house went into foreclosure but the corporation was owed $250,000. Smith did not give any personal guarantee; he owed $250,000 to the defendant corporation for the cabinets. Is this a case in which the Courts would “lift the corporate veil”? Why or why not? Case 5 4 3 DE 209 Assignment 2 Guidelines and Instructions – revised September 2019 Smith was an inventor who had patented and produced a tool containing bearings that could better handle the download in well-drilling operation. A corporation manufactured an identical product and Smith sued the corporation for patent infringement. Explain the appropriate remedies available to Smith. How would if affect your answer to know that Smith manufactured a tool sold to the industry that contained the bearing at the time the patent was applied for? Note as well that the corporation also claimed that the development of the bearings was an obvious development to anyone in the industry. A Caution about Plagiarism Plagiarism is a serious academic offence that can result in significant negative consequences. The Okanagan School of Business has a zero tolerance policy with respect to plagiarism and you are cautioned to be very careful not to commit plagiarism when responding to assignments like this. Plagiarism can take a number of forms in this type of assignment including but not limited to: • Submitting the work of another student as your own; • Simply copying the contents of the text as it relates to the questions above; and • Paraphrasing the contents of the text without proper acknowledgement. If you have any doubts about plagiarism as it applies to this assignment, do not hesitate to contact me for guidance. Where you use outside sources in your responses, you must use APA citation and referencing protocols. In some cases, failure to properly cite and reference sources will constitute plagiarism. When you use direct quotations from the text or where you paraphrase the text, you must cite and reference the text using the APA protocols. DO NOT ask for an extension of the deadline for any reason other than valid medical circumstances. Requests for medical extensions will only be considered if you notify me in advance of the deadline about the medical problem AND attach the work that you’ve done to that point in time with your notification AND support your request with a valid medical certificate presented to me within 24 hours of the deadline. 5 3
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