Assignment 1 – Case Study

Due:  After Unit 3

Length: 1200–1500 words

Weight: 10% of final grade

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.

Instructions:

This assignment should be done after studying Units 2 and 3 and completing the quizzes for those units.

Find online a major news story about a serious accident that happened in Canada involving a business. Use a freely accessible website such as CBC News or CTV News. Do not choose a story about an accident causing harm to an employee on the job, because there are special laws (Workers Compensation legislation) governing such situations. Read the story carefully, and then copy and paste a link to it into your assignment.

Prepare an analysis of a legal claim for negligence that might be made against the business. Your analysis must be clearly based on and reflect the elements of the tort of negligence that are taught in this course, and should go on to cover possible defences that may be raised by the defendants.

You must refer to the facts given in the story, but you may also suggest facts that might be proven through further investigation. Be clear in your argument which type of fact you are talking about.

Analysis means stating the applicable law (presentation of definitions, explanations of concepts, statements of rules, tests, etc.), ideally supported by referenced quotations from the textbook, and then applying the law to the facts of the case in discussion of and arguments about liability, including arguments for both sides when these can be made.

The arguments in your analysis should be plausible, but they will not be evaluated on how persuasive they are. The intent of this assignment is to help you develop the ability to recognize business risks, not require you to act like a lawyer.

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	Provides an active link to a news story about a serious accident in Canada.	/10
2.	States the legal criteria for establishing liability due to negligence.	/20
3.	Identifies all the possible plaintiff(s) should a negligence action arise from the accident.	/10
4.	Identifies all the possible defendant(s) should a negligence action arise from the accident.	/10
5.	For one defendant (which must be a business): analyzes the first criterion for establishing liability due to negligence and relates it to the facts.	/10
6.	For that defendant analyzes the second criterion for establishing liability due to negligence and relates it to the facts.	/10
7.	For that defendant analyzes the third criterion for establishing liability due to negligence and relates it to the facts.	/10
8.	Identifies and explains the tort defences that apply to negligence and discusses/analyzes possible application to the case.	/20
	Total	/100

Assignment 2 – Case Study

Due: After Unit 6

Length: 1200–1500 words

Weight: 10% of final grade

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.

Instructions:

This assignment should be done after studying Units 5 and 6 and completing the quizzes for those units.

Find a “clickwrap” contract you have entered into, as defined in the course text. Make a copy, read it carefully, and attach it to your submitted assignment. Next, answer these questions:

1. What “clickwrap” contract have you found? Attach it. (5 marks)
2. Who are the parties to the contract? If there is a clause defining this quote it in your answer. (5 marks)
3. What could you do if you have a complaint related to the contract or the product or if a dispute arises between you and the other party related to the contract? Does the contract mention legal proceedings? If there are clauses concerning these matters, quote them in your answer. (10 marks)
4. In your opinion, is the contract written in plain English, or does it use legal language that is difficult to understand (“legalese”)? Explain your view, and give an example of clause that supports your answer. (20 marks)
5. Find a clause in the contract that you think is ambiguous (can be read with two different meanings) or is unclear in its meaning in relation to your rights and responsibilities. Quote it, and explain why you have chosen it. (30 marks)
6. What legal principle of contractual interpretation as described in the course text is specifically intended to be used for these types of standard form contract? Explain the principle and describe how you would you use it to resolve the ambiguity or uncertainty identified in question 5. Explain your answer, and provide the interpretation you believe should be used. (30 marks)

Note: Your assignment will be returned unmarked if you have not attached a copy of the contract you are referring to and have referenced the relevant clause or paragraph numbers of the contract in your answer.

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	Attaches a copy of a “clickwrap” contract.	/5
2.	Locates and quotes a clause or clauses identifying or defining the parties.	/5
3.	Locates and quotes the relevant clause or clauses relating to disputes under the contract; explains what actions may be taken.	/10
4.	Provides an opinion about the contract wording and backs it up by quoting a clause that supports it.	/20
5.	Finds and quotes another clause other than the one referred to previously that they think may be read in two or more different ways (is ambiguous) or is just unclear in its meaning; explains their view.	/30
6.	Selects the legal principle of interpretation which is most appropriate to apply for this type of “standard form” contract, explains this choice, and provides an interpretation that resolves the meaning of the clause referred to in question 5 in accordance with the principle.	/30
	Total	/100

Assignment 3 – Case Study

Due: After Unit 8

Length: 1200–1500 words

Weight: 10% of final grade

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.

Instructions:

This assignment should be done after studying Unit 8 and completing the quiz for that unit.

Find online a listing of commercial or industrial (not residential) real estate (land or land plus building) for sale in Canada. Do not use the sale of a business unless the business includes land or land plus building—which is owned (not leased) by the business. Use a freely accessible MLS site, such as Realtor.ca. Read the listings and any linked information carefully, and then copy the link of that listing and paste it in the beginning of your submission.

Assume that as a prospective purchaser:

• Your plan is to open a unique business that is quite different from anything that has been carried on in the premises before and which may require rezoning.
• You will rely on mortgage financing to complete the purchase, which you have not yet obtained.

Are there any precautions you would take to investigate the property? Explain what they might be and why they would be done. How are the steps to be taken affected by the location of the property in Canada?

If you decided to proceed, what special terms would you want added to the agreement of purchase and sale? Explain their purpose and function.

Assuming everything goes well, what steps would be taken to close the sale? How are the steps to be taken and the documents used affected by the location of the property in Canada?

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	Provides a working link to a listing of a commercial or industrial property for sale in Canada.	/10
2.	Identifies the location of the property and explains why and how this matters for the preparatory steps to be taken in a real estate transaction in Canada in relation to the two systems of land law found in Canada.	/15
3.	Identifies typical concerns for a purchaser having regard for the proposed change of use and any particularities of the property in question, and explains the precautions a prospective purchaser would take as a result, applying the effect of the location of the property where relevant.	/25
4.	Based on the facts given about the purchaser and their situation, identifies one special term to be put in the agreement for sale and explains its purpose and function.	/10
5.	Based on the facts given about the purchaser and their intentions, identifies another special term to be put in the agreement for sale and explains its purpose and function.	/10
6.	Explains what consequences the location of the property has for the process of transferring title at the conclusion of the transaction.	/10
7.	Lists and explains the appropriate steps to take in closing the sale.	/20
	Total	/100

Assignment 4 – Factual Case

Due: After Unit 9

Length: 1200–1500 words

Weight: 10% of final grade

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.

Instructions:

This assignment should be done after studying Unit 9 and completing the quiz for that unit.

Complete both case studies.

Case Study A (50%):

Eleni owns and operates a restaurant. During the winter months, it is inappropriate for diners to bring their coats with them to their table. Eleni therefore provides a place for coats to be placed or hung.

Does this arrangement necessarily involve a bailment? Is some other arrangement possible? What is the significance of classifying the arrangement as a bailment rather than something else? Explain your answer, and identify any additional facts that are required before the question can be conclusively answered.

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	Provides a definition of bailment.	/10
2.	Identifies another type of legal arrangement which may apply to the scenario and provides a definition of it.	/10
3.	Identifies the factual elements which must be present in a bailment arrangement.	/10
4.	Analyzes the scenario and states some questions of fact which must be answered before finally deciding what type of legal arrangement best describes the situation.	/10
5.	Lists the consequences for Eleni if the arrangement is classified as a bailment.	/10
	Total	/50

Case Study B (50%):

Trevor is a struggling, but very talented, musician. Over the years, he has written many great songs, but has yet to receive any media attention for his good work. Frustrated that he has never been able to achieve commercial success, he recently began to explore the idea of selling or licensing his work to other, already established, pop artists. He comes to your record label seeking to sell certain parts of his copyright.

How do you foresee being able to exploit Trevor’s work? Illustrate how Trevor’s work could be unbundled and exploited. Does Trevor run any risks in transferring his rights?

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	Explains the concept of unbundling copyright.	/10
2.	Describes the rights attached to copyright that may be subject to unbundling.	/10
3.	Lists some rights which may be attractive for the record label to acquire.	/15
4.	Identifies some risks Trevor may run in transferring any of his rights.	/15
	Total	/50

Assignment 5 – Factual Case Analysis

Due: After Unit 13

Length: 1200–1500 words

Weight: 10% of final grade

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.

Instructions:

This assignment should be done after studying Units 12 and 13 and completing the quizzes for these units.

Complete both case studies.

Case Study A (50%):

Marlie carries on a business of selling new and used lamps. In 2009, she obtained an operating line of credit from the Bank of Nova Scotia. Marlie gave the bank a security interest in all her present and future assets. Jordan is a dealer in imported chandeliers. He and Marlie agree that he will give her possession of a dozen chandeliers to sell on his behalf. Marlie is not obliged to pay for the chandeliers unless she keeps them for more than 30 days. Marlie goes into default on her loan. The bank seizes all of her inventory, including the 12 chandeliers. Jordan finds out about the seizure and demands the chandeliers, saying that they are his, but the bank disputes this.

Is Jordan entitled to get the chandeliers back?

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	In relation to the contest between the bank and Jordan, identifies the legal question in relation to the chandeliers, which is raised by the scenario.	/10
2.	Identifies and explains the possible legal relationship between Jordan and Marlie that may benefit Jordan and why it would benefit him.	/10
3.	Identifies the factual elements, which must be proved to show the existence of the legal relationship referred to above.	/10
4.	Analyzes the scenario to see if the factual elements referred to above are present.	/10
5.	Comes to a conclusion concerning the strength of Jordan’s claim based on the analysis above.	/10
	Total	/50

Case Study B (50%):

Luke owns a lifeguard consulting company, supplying lifeguarding services to public and private schools in Edmonton. One of his female employees has made a complaint to the Alberta Human Rights Commission against Luke concerning gender discrimination and sexual harassment in the workplace.

The employee alleges that she and the other women lifeguards were recently forced to wear newly issued skimpy company bikinis instead of the previous one-piece suits while performing their lifeguarding duties. Those who refused would be given last choice on shifts (which, practically speaking, meant that they would be getting no shifts). The complainant protested to Luke but eventually gave in since it was too late in the summer to find another job.

Additionally, the employee claims that, since the female staff was forced to wear the bikinis, Luke drops in constantly for site visits. His visits with females are more frequent and much longer lasting than with male staff. In fact, it is alleged that these visits have earned him the nickname of “Leering Luke.” Several female employees have told Luke that they find his behaviour unwelcome and are uncomfortable wearing the bikinis.

Luke knows about his nickname but stands behind his policy. According to Luke, business has increased and, as a result, there has been more to “supervise” at each visit.

Explain the concepts of gender discrimination and sexual harassment. Identify facts in the scenario which may support the employee’s claim and consider what other unstated facts, if proved, might also provide support. Identify a defense that Luke may raise. State your conclusion whether the situation involved discrimination or harassment, referring to the relevant facts and the strength of the defense.

The following websites will help you with Case Study B:

• Alberta Human Rights: Discrimination (PDF)
• Alberta Human Rights Commission: Sexual harassments
• Alberta Human Rights Commission: Bona fide occupational requirements

Structure your answer following the Marking Rubric below.

Marking Rubric

	Marking Criteria	Mark
1.	Identifies and explains the legal descriptions (or definitions) of gender discrimination and sexual harassment.	/10
2.	Lists the facts that may tend to show discrimination or harassment and explain why they do. Suggests any other facts which are not stated but might be implied that also support the claim.	/15
3.	Identifies and explains a defense Luke may raise in relation to his actions. Suggests facts which are not stated but might be implied that undermine this defense.	/15
4.	Arrives at a reasoned conclusion based on all the facts and the strength of the defense.	/10
	Total	/50

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