Business Law
Ensure that you review and incorporate up-to-date and relevant Canada case law in your answers. Ensure that you provide live links to all sources used for verification purposes.
Objectives
Students will critically analyze and apply concepts related to the Canadian legal system, tort, professional liability, and contract law (units 1-5) by answering ten short-answer questions (about 150- 200 words per question).
Important Note: Some aspects of the law change constantly to reflect the needs of the business community. For this reason, make sure you always cite the most relevant and “up-to-date” case law.
Instructions
Please answer the following questions in about 150- 200 words per question.
The Choudhary family (Arya, Sarah, and their daughter Emma) are planning to launch Choudhary B & S (Brew & Spice) in Canada. The family wants your advice to guide them through this business journey.
Question 1: (8 points)
The Choudhary plans to collect customer data from their website and loyalty program. They want to ensure compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA). What should the family do?
Question 2: (8 points)
As the family ventures into business, they must understand risk management. Among the four strategies for dealing with risk, which one do you find most effective for the Choudhary and why?
Question 3: (8 points)
The Choudhary faces a potential dispute with a supplier regarding delayed shipments. Dive into what’s involved in settling such a civil litigation matter and discuss the benefits and challenges it may present for them.
Question 4: (8 points)
When hiring employees, the Choudhary needs to understand vicarious liability. Explore when and how this liability could be imposed, with reference to relevant Canadian case law.
Question 5: (8 points)
Sarah is concerned about potential liabilities in product distribution. Clarify if the term ‘intentional’ means that the wrongdoer intended to do harm, and provide your perspective.
Question 6: (8 points)
Emma is designing customer service protocols and needs to understand the legal differences between assault and battery. Providing some specific examples and relevant case law could be helpful.
Question 7: (8 points)
The Choudhary is studying past legal cases to prepare for potential challenges. Mann v. Canadian Tire Corporation Ltd, 2016 ONSC 4926 is a great example. Can you think of any similar case you might share with the Choudhary?
Question 8: (12 points)
Tom is curious about contract enforcement nuances. Explain the Ontario Court of Appeal's ruling regarding oral misrepresentations in Issa v. Wilson, 2020 ONCA 756.
Question 9: (12 points)
The Choudhary plans to incorporate online sales. Can you give them any legal advice in this regard? Provide some specific examples and relevant case law to justify your answer.
Question 10: (20 points)
Understanding the binding nature of contracts is critical for the Choudhary. The Supreme Court of Canada’s ruling in Marvco Color Research Ltd. v. Harris, 1982 SCR 774 is a great example. Can you think of any similar case you might share with the Choudhary?
Make sure the APA Citation Guide is meticulously followed throughout the exam. When using content from other sources including the required textbook, always paraphrase using your own words and then use in-text referencing. Adding a source/ a reference does not mean you can copy (verbatim copying) other peoples’ work. Any verbatim copying should be placed in quotation marks.
The intention is not part of plagiarism. You might mistakenly (unintentionally) present someone else’s words/ideas as your own. This is not acceptable.
When citing court documents, however, it is acceptable to copy part of the relevant court’s ruling but in this case, you must use quotation marks and add the paragraph/para number. The case’s full citation then should be added to the bibliography.