Law help 04
PART 1: Law in Society
A business can be managed and run in either a prudent and responsible manner or a stupid manner. Explain how a prudent and responsible businessperson would manage and run a new business that he or she has just began as compared to a person who was not prudent or responsible.
1. Explain why it is important that the Supreme Court of Canada not be bound by its own precedents.
Length of Response:
1‐2 paragraphs (a paragraph is approximately 300 words)
PART 2: TORT LAW Negligence
Jack owns a pub. One evening, Jim, a friend, comes into the pub and orders a drink. Over a period of approximately two hours, Jim orders and drinks a variety of alcoholic beverages. Shortly before the pub closes, Jim pays for his drinks and leaves the pub. Jim gets into his car and drives away. On his way home, Jim is involved in a motor vehicle accident.
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1. Explain the nature of the tort that Jack would be found to have committed.
2. Are there any defences available to Jack? Explain what these defences are.
Length of Response: 1‐2 paragraphs for each question Intentional Torts
1. Examine each of the following situations and decide with reasons whether any tort has been committed.
Length of Response: One – two sentences per situation
A. You threaten to punch a security guard who has just ticketed your car.
B. A hockey player body checks an opponent in a hockey game giving him a concussion.
C. A bouncer punches a drunk bar patron who refuses to leave the premises when
D. A doctor gives a blood transfusion to a seriously injured Jehovah Witness who has indicated that he does not want a blood transfusion.
E. Some enterprising business students have opened a dance club in a vacant barn they have renovated adjacent to a newly constructed residential subdivision in rural Halton.The neighbours are complaining about the noise and lights.
F. A group of striking workers have circulated a flyer falsely stating that their employer’s product uses cheap components imported from China. As a result, product sales have dropped.
G. The marketing department of Martha Stewart Inc. has convinced Zellers, through various financial incentives, to break an existing contract with another supplier and to exclusively carry Martha Stewart products.
H. A police officer detains a person for questioning who fits the description of the person who robbed your business. It is not the robber.
I. Your supervisor writes a performance appraisal for your employer which is critical of the quality of your job performance and results in your firing.
J. You have security staff physically remove a person from your restaurant premises who refuses to leave when requested.
PART 3: PROFESSIONAL LIABILITY
Answer 2 of the following 3 questions
1. A professional must not place him or herself in a position where his or her interest and duty conflict. Explain.
2. In a lawsuit alleging negligent misrepresentation the plaintiff must establish more than a breach of duty causing loss. Identify the five requirements for proving negligent misrepresentation as set by the Supreme Court of Canada.
3. Professionals may have liability to their clients in tort and contract, and for breach of fiduciary duty. Briefly explain the basis for liability in these categories.
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