DEBUAD209 Okanagan College Alternative Dispute Resolution Questions

Question Description

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.

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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 2019 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 2019 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 2019 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 2019 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 2019 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 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 2019 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. …
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