BUAD 209 Okanagan College Business Law Concepts and Case Questions

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BUAD 209

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The website can only update 5 files, but i have 9 powerpoint for this assigment. If you need it, i can email it to you.

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BUAD-209-D11-31318.202030 Business Law Fall Term 2020 Assignment 1 Guidelines and Instructions ASSIGNMENT 1 GUIDELINES This assignment consists of two elements: • Your responses to 10 concept, theory and practice questions (as listed below) taken from Chapters 1 to 9 in the text; and • Your responses to 5 questions relating to case-based questions (as listed below) taken from Chapters 1 to 9 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 1 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 200 words and at least 300 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. Generally, submissions at this level are 4,000 words or higher. Submissions that are very good and earn a grade between 70 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 69 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 (50-69) The area of law is correctly identified but the statement Very Good (70-79) 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 F20 Assignment 1 Guidelines and Instructions (revised August 2020) 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 30 final marks in the course. Each of the 10 concept, theory and practice questions is worth 10 marks. Each of the 5 case-based questions is worth 20 marks. The exam is out of 200 and weighted at 30% of the final course grade. Responses will be assessed on their comprehensiveness, ie, the first four elements of the rubric (80%) and professionalism (20% - grammar, spelling and writing style). 2 3 DE 209 F20 Assignment 1 Guidelines and Instructions (revised August 2020) ASSIGNMENT 1 INSTRUCTIONS Submit a report containing your responses to the following questions and case discussion questions based on Chapters 1 through 9 of the text by the deadline published in the Assignment Schedule. Your report must be submitted as a Word document through the Assignment 1 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. Explain the different ways in which a lawyer may calculate the legal fees to charge a client and provide examples of when each might be used. Which way is used most often? What can a client do when the lawyer’s fees are disputed? 2. Explain the role of human rights tribunals in Canada. Identify their powers and the types of sanctions and remedies they can impose. Use examples to illustrate your discussion. 3. Discuss any limitations on the application of the Canadian Charter of Rights and Freedoms. Be specific in identifying the major limitations of the Charter. 4. Using the principles of stare decisis, explain how judges determine whether or not they are bound by another judge’s decision in a similar case. 5. Summarize and compare litigation and other methods of dispute resolution (ADR). Be specific in identifying the strengths and weaknesses of each approach. 6. Why is the case of Haig v Bamford considered important in the recent development of tort law? 7. When is a ‘passing-off’ action appropriate? Make sure your discussion identifies the key elements which constitute the tort. Compare and contrast this tort to other torts in the section titled ‘Other Torts Impacting Business’. And note that there is more information on the passing-off tort in Chapter 13. 8. Identify and discuss the three different types of equitable remedies. Be sure to distinguish between them in your discussion. 9. Discuss how privity of contract affects the position of people who are not parties to a contract. In your discussion, include an examination of the Supreme Court decision in London Drugs Ltd. v. Kuehne & Nagel International Ltd. 10. Discuss the Statute of Frauds as it relates to contract law. In your answer, consider the justification of requiring some contracts to be evidenced in writing, and also how and why the Statute of Frauds has been modified or repealed in several jurisdictions. 3 3 DE 209 F20 Assignment 1 Guidelines and Instructions (revised August 2020) Case Discussion Questions 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 According to the Residential Tenancies Act in place in Nova Scotia, residents who have been renting premises for more than five years have security of tenure, which means that they can be given notice to leave only if they are in violation of their obligations under the lease. The Act, however, specifically excludes people who are living in public housing, and Mrs. Evans, a single mother with two children, had been living in the public housing for 10 years when she was given one month’s notice to leave. What arguments might she raise to defeat this notice to vacate? How would it affect your answer to know that Mrs. Evans was a black woman, and she was one of a group of black woman on social assistance particularly hard it by the legislation in question? Case 2 Wembley, a Canadian company, claimed it did not receive goods and services from ITEX for which it had paid. ITEX argued that the action should not proceed because the relevant contract said that any actions must be brought in California. Wembley had completed an application, providing relevant information, two different times. The application included the word AGREEMENT in bold letters. The section below that required a separate signature and referred to “the most recent Membership Agreement and Operating Rules”. The rules required that any action arising under the agreement “shall lie only in the courts of Sacramento, California” A copy of the agreement and rules had been provided to Wembley. They were also available on ITEX’s website. The person who signed the application on behalf of Wembley testified that he would not have signed it had he read the agreement and rules. He admitted that he ‘did not bother to read the small print on the Application.” Was there a contract between Wembley and ITEX? Does it matter that the person signing the contract did not read all of it? Would the clause giving jurisdiction to the California court be enforced? Case 3 Chopra went to Eaton’s department store seeking a refund. An argument ensued. Smith (the store’s security guard) told Chopra that he would have to leave. Smith took Chopra’s elbow and started to escort him out of the store. Nears the doors, Chopra pushed Smith away, presumably wishing to go through the doors unassisted. Smith reacted quickly and violently putting Chopra into a headlock. Chopra’s glasses were knocked off his head and his lip was cut; he was handcuffed and detained in the security office, and subjected to racial slurs. Chopra asked to leave, asked to call his wife, and asked Smith to call the police. All of these requests were refused. After Chopra had 4 3 DE 209 F20 Assignment 1 Guidelines and Instructions (revised August 2020) been detained for four hours, the police arrived and charged Chopra with assaulting Smith and causing a disturbance. All charges were later dismissed. Identify what causes of action are available to Chopra to address the wrongs done to him. Case 4 Roper and Jensen had consumed beer and smoked marijuana before going with Gosling for the evening to a bar, where they all consumed a considerable amount of alcohol. They were drunk when they left and got into Roper’s car so that he could drive them home. A single-car accident caused by Roper’s impairment occurred in which Roper rolled the car and Gosling was seriously hurt. Gosling sued Roper for negligence. Indicate what arguments can be raised in Roper’s defense and what factors will the courts take into consideration in determining liability. Would it make any difference if the court determined as a finding of fact that although a reasonable person would have been aware that Roper’s ability to drive was impaired, Gosling wasn’t in fact aware of this when she got into the vehicle with Roper? What if Gosling didn’t have any other way home? If Gosling did know about Roper’s impairment, should her conduct be a complete bar to recovery? Case 5 The plaintiff, a compulsive shopper, had crammed her apartment with so many purchases that is was difficult to walk through the unit. This hazardous state of affairs was discovered when the unit flooded. The managers told the plaintiff she would have to move her belongings, and they assisted her in removing items to storage. After an unidentified third party broke in and stole some property, the plaintiff commenced an action as against the managers of the apartment complex. Identify the tort that may be applicable in this fact situation. What will the plaintiff need to establish? Does the plaintiff have a good cause of action? Elaborate in your discussion. 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. 5 3 DE 209 F20 Assignment 1 Guidelines and Instructions (revised August 2020) 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. The deadline for this assignment is 23:59 PST, Friday, October 16, 2020. 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. Dr Michael Conlin mconlin@okanagan.bc.ca 6 3
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Explanation & Answer

Attached.

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Business Law Concepts and Case Questions
Outline
I.

Concept 1
A. One of the methods used to calculate legal fees is the hourly rates.
B. The fixed fee is another approach used for billing by lawyers.
C. The use of contingency fees in billing is based on the failure or success of a legal
proceeding.
D. A retainer fee is paid as a deposit of the overall legal service costs.
E. Disbursements are fees that meet expenses.

II.

Concept 2
A. The human rights tribunals in Canada act like courts
B. The human rights tribunals' powers allow them to investigate and make rulings
concerning violation of fundamental rights.
C. The remedies and sanctions that can be imposed by the tribunals should be in line
with the Canadian human rights act.

III.

Concept 3
A. Limits are allowed on freedoms when there are justifiable reasons by the
government.
B. A limitation can occur to uphold the freedoms and rights of other individuals.
C. Application of the charter's freedoms and rights can be limited to national values
and the public's interests.

IV.

Concept 4
A. In the common law of Canada, judges are obligated to uphold stare decisis.

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B. The supreme court of Canada sets the precedents for all other courts in the country.
C. Nonetheless, the supreme court is not bound by its decisions.
V.

Concept 5
A. Litigation involves taking legal action where a case is determined in a court of law
through a lawsuit.
B. One strength of negotiation is that admissions made without prejudice do not affect
litigations in the future.
C. In mediation, a mediator facilitates communication.
D. For arbitration, the parties select an independent party responsible for making a
binding decision.

VI.

Concept 6
A. The elements of tort law include a duty of care, breach of duty of care, causation,
and damage.
B. The case of Haig v Bamford represents an important development in tort law due
to the rulings that were made in the supreme court of Canada.
C. The case provides a precedent that when an error occurs from professionals'
negligence, they should be included in the liabilities of damages and losses.

VII.

Concept 7
A. Passing off is appropriate when it is used to protect the unregistered rights of a
business
B. The three elements of passing off tort are goodwill, misrepresentation, and
damages.

VIII.

Concept 8

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A. The specific performance involves an order that requires the promisor to hold their
part of the bargain.
B. An injunction is an order from a court that directs a person to cease engaging in an
activity that they are already prohibited from engaging.
C. Restitution is a remedy that seeks to restore to a party what was given to another.
IX.

Concept 9
A. The privity of contract is a principle that a contract affects the people who are
parties to it.
B. In the case, the judge argued that the two employees were negligent of their duty of
care.

X.

Concept 10
A. Under contract law, the statute of frauds requires some types of contracts to be
presented in the form of writing to confirm their validity.
B. The justification for putting arrangements into writing is usually for future
reference.
C.

One modification in the statute of frauds sets a limit for the value of goods that
qualify for writing consideration.

XI.

Case 1
A. Mrs. Evans can use the time when the eviction notice was presented to make an
argument.
B. Mrs. Evans could also use her track record in living in public housing to make an
argument.

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C. Knowing that Mrs. Evans is a Black woman changes the perspective of the eviction
to an act of discrimination.
XII.

Case 2
A. In the case of Wembley and ITEX, there was a contractual agreement between the
two companies.
B. In this case, it does not matter whether the contract was read in full.
C. The clause giving jurisdiction to California should be enforced.

XIII.

Case 3
A. One cause of action available for Chopra to address the wrongs done to him is the
application of tort law.
B. A different cause of action that Chopra can use is litigation.

XIV.

Case 4
A. The first argument in Roper’s defense could be contributory negligence.
B. Roper could also argue that Gosling was negligent by drinking to a point she could
not make sound decisions.
C. If the court determined that Gosling was not aware that the driver was impaired
when getting in the car, it could affect liability.

XV.

Case 5
A. The tort of conversion is applicable.
B. To make a successful conversion claim, the plaintiff needs to; identify the right to
property, the property was interfered with, and the actions are resulting in a loss.
C. Regardless of the plaintiff establishing the factors required, she lacks a good cause
of action.

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Running head: BUSINESS LAW CONCEPTS AND CASE QUESTIONS

Business Law Concepts and Case Questions
Student’s Name
Institution Affiliation

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BUSINESS LAW CONCEPTS AND CASE QUESTIONS

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Business Law Concepts and Case Questions
Concepts
1) One of the methods used to calculate legal fees is the hourly rates. As Hg.org (2020)
highlights, the billing method is primarily used when lawyers cannot determine the exact time
they will spend on a particular case. As such, they keep track of the time spent working on a
client’s file and bill as required. The method can be used in a criminal case. The fixed fee is
another approach used for billing by lawyers. For instance, fixed fees can be charged for specific
tasks, including making a real estate transaction and drafting a will. The use of contingency fees
in billing is based on the failure or success of a legal proceeding. The method is common in
cases involving personal injuries. Therefore, the attorney is paid an agreed percentage of the
amount that is rewarded following a judgment. Under the Ontario Solicitors act, contingency
fees agreed are required to be in writing.
A retainer fee is paid as a deposit of the overall legal service costs (Hg.org, 2020). It is paid
at the beginning of a case and often non-refundable. Disbursements are fees that meet expenses
such as obtaining medical reports, photocopying, and filing charges. Among the methods
explained, the hourly rat...


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