Assignment

Answers provided should be related to the Business Law in Canada.

1. As you exit a shopping mall you accidentally run into another person (julia) and knock her down. As she leaps to her feet you begin to exchange words that escalate and you find yourself in a physical struggle with the other person. After receiving several blows from her, you retaliate by striking her on the head with your umbrella, knocker her unconscious and producing a large gash on her head. Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them. Write a short decision on this case based ing your knowledge and definite of the principles.

2. The Eaton Centre in Toronto commissioned Michael Snow, an artist, to create a work of art for the Centre. Snow's sculpture of a great flight of Canada placed red bows on the next of each goose as part of its Christmas promotion and added a bow to the neck of the goose in its trademark logo. Michael Snow sued to have the Centre remove the bows from his sculpture.

a. Under what provision of what act could he do so, since he had been paid for his work and had assigned his rights in it to the Eaton Centre?

b. What do you think he could argue?

4. Describe the types of, and rights attached to, estates in land, including in your answer a treatment of easements and restrictive covenants.

5. Marlene had 22 years of employment as an accounts manager with a medium-sized manufacturing firm when her employer was placed into receivership and the assets of the firm were sold. As a results, her contract of employment was terminated. Marlene completed and application for employment with Makit Inc., which and purchased the assets from the receiver. Makit accepted Marlene's application and she commenced employment immediately. All of Marlene's employment records were transferred from the defunct files of her former employer. She was given the responsibility of supervising a department of 15 employees, and within six months was awarded a substantial wage increase commensurate with other employees at Makit with long standing. Shortly thereafter, Makit began to experience declining sales as the results of an economic downturn and, after 18 months of employment, Marlene's services were terminated. Discuss the issues presented by this situation. What responsibilities rest with Marlene?

6. Donald is the owner of a recently closed gas station. John, a neighboring filling station owner, agreed to buy the gasoline remaining in Donald's tanks. Donald tested the gasoline for the presence of water, which would destroy the gasoline, and found it to be "clean". He then called John, informing him of the test results and quoted him a price. John reaffirmed his agreement to by and arranged pick up of the gas two days later. During the intervening 18-hours period, a large amount of rain fell and with the excess amount left on the ground, water drained into the tank and ruined the gas. Upon hearing this, John refused to buy, but Donald pointed out that the gas was already John's and insisted on payment.

a. Discuss how the rules of title transfer would help effect a resolution to his situation.

b. How would the outcome differ if Donald sold the gas by the litre and if the amount of gas in the tank was unknown and had to be measured, when John came to remove it?

7. Explain the circumstances where it would be preferable to use partnership as a form of business organization. What are the risks?

8. Explain why the purchaser of the business of a corporation might prefer to purchase assets while the seller might prefer to sell shares?

9. Deirdre bought a secondhand car from Honest Harry's Autos after being assured by Harry, in response to her questions, that the car had been driven only in a good weather by the little old lady from whom he had purchased it. He claimed that was why its mileage was so low, and that it had never, according to the little old lady, had so much as a scratch. "That's excellent", said Deirdre. "If it had been otherwise, I wouldn't have bought it."

Deirdre soon began having trouble with the car pulling to on side when she applied the brakes, so she took it into the garage for a wheel alignment. The mechanic said "Why on earth would you buy this old heap?" Granny Moses, that wild old lady, drove that thing like a madwomen, and its never been the same since her last crash."

a. Assuming that Honest Harry had also been fooled by Granny Moses, what rights would him and Deidre each have?

b. Suppose Honest Harry found out after he sold the car to Deidre that he had been cheated by Grandma Moses, but decided not to tell Deidre. How would that affect Deidre's rights and why?

10. You are the president of Haverland Fruit Company, and you ended negotiations with Western Jam and Jelly Co. (WJJ), having been highly insulted by the WJJ bid for Haverland strawberries at $12,000 per 10,000 baskets. Just before harvest you found a buyer in Anderson Bakeries at $30,000 for the baskets, but once the trucks had been loaded and sent off, word arrived that Anderson would refuse the shipment as it had been shut down by a strike. The berries will rot in two more days on the trucks. The WJJ president is now on the phone to you with an offer of $8,500 for the berries. What do you do, in what order, and what principles of law are in play?