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).
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: DE209 Sanford Medical Center
Respond to the specific questions asked below and ensure that you include in your responses, discussion of the elements in the grading rubric.
- 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.
- Distinguish among a derivative action, dissent and oppression. Explain when it would be appropriate to use each of them.
- 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?
- Distinguish among an employee, an independent contractor and an agent.
- 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?
- 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.
- Distinguish between an agent’s actual, implied, and apparent authority. Explain why this distinction can be important from the agent’s point of view.
- Contrast a tenancy in common with a joint tenancy, and indicate how one can be changed to another. Why is the distinction important?
- 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?
- How does the Bulk Sales Act protect creditors when a business is selling all, or almost all, of its assets?
Case Discussion Questions: DE209 Sanford Medical Center
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
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: DE209 Sanford Medical Center
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.
DE209 Sanford Medical Center