Expert answer:BUAD209 Okanagan College Understanding of Business

  

Solved by verified expert:This assignment consists of two elements:
Your responses to questions (as listed below) taken from Chapters 1 to 9 in the text; and

Your responses to 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 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.the doc file will be the question sheet, and the powerpoint will be the resource. i will post more ppt to provide more information.
de_209_assignment_1_guidelines_rev_sept_18.doc

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DE BUAD 209 Business Law
Assignment 1 Guidelines and Instructions
COURSE ASSESSMENT OVERVIEW
This course has 3 types of assessment activities:

Sixteen online quizzes which examine your knowledge and understanding of the
business law theories, concepts and rules found in all the chapters in the Yates,
et al, text;

Two assignments which will test your ability to apply a range of theories,
concepts and rules in business law;

A final exam which tests your knowledge, understanding and application of
business law theories, concepts and rules as presented in the Yates, et al, text.
ASSIGNMENT 1 GUIDELINES
This assignment consists of two elements:

Your responses to questions (as listed below) taken from Chapters 1 to 9 in the
text; and

Your responses to 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 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
DE 209 Assignment 1 Guidelines and Instructions – revised September 2018
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
the problem question
and clearly describes
the legal problem that
must be addressed.
Rules of Law
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.
Unsatisfactory (0-49)
Neither the relevant
area(s) of law nor the
legal problems that
need to be addressed
are identified with
precision.
Satisfactory (50-67)
The area of law is
correctly identified
but the statement
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.
Very Good (68-79)
The area of law and
the legal problem(s)
to be addressed are
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
Excellent (80-100)
The area of law and
the legal problem(s)
to be addressed are
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.
No relevant legal
principles have been
identified with
precision.
The discussion of the
facts does not refer to
any relevant legal
principles, or does so
inadequately.
2
All relevant legal
principles are clearly
explained. In the
Moot Project, all
correct sources of
authority are given.
3
DE 209 Assignment 1 Guidelines and Instructions – revised September 2018
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).
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. Distinguish between specific performance and injunction. Explain the restrictions on
their availability.
2. Explain how fraudulent, negligent and innocent misrepresentations differ. Identify
the remedies that are available for each type of misrepresentation.
3. Distinguish between defamation, trade slander, and deceit, indicating in what
situations each would be used.
4. Explain and discuss three ways lawyers bill their clients. Which of the three is most
commonly used?
5. Explain the role of implied terms in a contract. Who has the power to imply terms
into a contract? When will the power be used?
6. 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.
7. List and describe the principal advantages of alternative dispute resolution.
8. Why is the case of Haig v Bamford considered important in the recent development
of tort law?
3
3
DE 209 Assignment 1 Guidelines and Instructions – revised September 2018
9. Give five examples of contracts deemed by the courts to be against public policy and
describe the effect of such a designation.
10. Distinguish among duress, undue influence, and unconscionability and give
examples of each.
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
A separated couple negotiated an agreement under which the wife waived her rights to
her husband’ pension benefits. The husband signed the interspousal agreement on
October 9, 2010. The wife signed it on October 13. Unfortunately, the husband died
unexpectedly on October 12. The wife claimed not be bound by the interspousal
agreement and made a claim under the husband’s pension plan. She was denied
benefits. She applied to have the Court nullify the interspousal agreement so she would
qualify as the beneficiary of the pension benefits.
Should the Court enforce the interspousal agreement, even though the wife signed it
after the husband died? Was this a case in which the parties did not intend to be bound
by their agreement until the written contract was signed by both of them?
Case 2
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 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
4
3
DE 209 Assignment 1 Guidelines and Instructions – revised September 2018
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
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
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 5
The younger Mr. Gill was fluent in English and a sophisticated businessperson. He had
worked in a credit union for a number of years and had managed his father’s berry farm.
To take advantage of a business opportunity, he arranged with the Royal Bank to borrow
$87,000. During the negotiations, it became clear that he could get a more favorable
rate of interest if his father guaranteed the loan. In fact, the son had done a
considerable amount of banking on behalf of his father, who was a customer at the same
bank. The elder Gill could not read, write or speak English and relied on his son in all
his business dealings. The documents were prepared and the son brought his father to
the bank to sign them. At no time did he explain to his father that he would be signing a
personal guarantee and the evidence was clear that the father had no idea what he was
signing other than that it was a document associated with a loan transaction. Gill Sr.
had implicit faith in his son’s handling of business affairs. Gill Jr., on the other hand, was
so excited about the deal that he apparently never explained the nature of the
documents to his father. It is clear in this situation that at no time was there any
misrepresentation to the father or the son on the part of the bank. When the son
defaulted on the loan, the bank turned to the father for payment.
Should Gill Sr. be held responsible for this debt? What precautions should the bank
have taken? Identify the best arguments for the father. What arguments should the
bank advance?
A Caution about Plagiarism
Plagiarism is a serious academic offence that can result in significant negative
consequences.
5
3
DE 209 Assignment 1 Guidelines and Instructions – revised September 2018
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.
Dr Michael Conlin
mconlin@okanagan.bc.ca
6
3
Yates, Bereznicki-Korol, Clarke
Business Law in Canada, Eleventh Edition
Chapter 1:
Managing Your Legal Affairs
1-1
Learning Objectives
• When you complete Chapter 1, you should be
able to:
1. Explain the meaning of “sophisticated client”
2. Explain the role of the lawyer
3. Identify when to hire a lawyer and when to
represent yourself
4. Explain how to find an appropriate lawyer
continued…
Copyright © 2017 Pearson Canada Inc.
1-2
Learning Objectives
5. Review how lawyers bill their clients
6. Describe legal aid
7. Outline the procedure to follow to complain about
your lawyer
8. Discuss the ethics of lawyers and of clients
Copyright © 2017 Pearson Canada Inc.
1-3
Question for Discussion
• “Do I need a lawyer?”
• Does asking this question imply, affirmatively,
that you definitely need a lawyer?
• Record your thoughts now
• Discuss at the end of class if your answer
has evolved
Copyright © 2017 Pearson Canada Inc.
1-4
Becoming Sophisticated Clients
• Confident
– Not in awe of lawyers
• Knowledgeable
– Identify, not necessarily solve legal issues
• Up-to-date
– Internet
continued …
Copyright © 2017 Pearson Canada Inc.
1-5
Becoming Sophisticated Clients (cont.)
• Understands the respective roles of the
lawyer and the client
• Knows when to represent themselves
• Knows when and how to locate and hire a
suitable lawyer
• Understands the various costs to be paid to a
lawyer
• Knows how to deal with dissatisfaction with a
lawyer
continued…
Copyright © 2017 Pearson Canada Inc.
1-6
Becoming Sophisticated Clients (cont.)
• Business decisions have serious
consequences
– Consider appropriate laws
– Importance of evidence means it is important
to keep records
Copyright © 2017 Pearson Canada Inc.
1-7
The Role of the Lawyer
• Provides relevant legal advice
– Advises and recommends
• Client is the decision maker
– Not the lawyer
• Lawyer bound to follow client’s instructions
– If lawful
continued …
Copyright © 2017 Pearson Canada Inc.
1-8
The Role of the Lawyer (cont.)
• Solicitor-Client privilege:
– the duty of the lawyer to keep the information
provided by the client confidential
– All relevant information needed by lawyer in
order to get the best result
– Confidentiality
– access to justice would be significantly
reduced without this fundamental part of our
legal system
Copyright © 2017 Pearson Canada Inc.
1-9
Question for Discussion
• What experience have you had with the legal
system? How did you feel about it?
Copyright © 2017 Pearson Canada Inc.
1 – 10
When to Hire a Lawyer
• Form of business organization
– Partnerships, franchises
– Income tax, liability, estate planning
• New business, buying existing business
– Minimize risks and liabilities
• Compliance issues
– Ignorance of the law is no excuse
• Physical location
– Long term lease terms
continued …
Copyright © 2017 Pearson Canada Inc.
1 – 11
When to Hire a Lawyer (cont.)
• Bank and loan documents
• Contracts
– Employment, supply, customers
• Intellectual property
– Patents, trademarks, and copyright
• Selling the business
– Assets, shares
– Tax implications
Copyright © 2017 Pearson Canada Inc.
1 – 12
When to Represent Yourself
• Obtaining legal “information,” not advice
• Online sources available
• Understanding and assessing the accuracy of
information is crucial
• Consider type of issue at stake:
– Criminal …
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