OC BUAD 209 Professor: Doug Anderson
ASSIGNMENT 1 ( Chapters 1 - 5) Marks _/ 50
IMPORTANT : Downloading and completion instructions
Please follow these instructions for downloading and answering the questions as found on Moodle for each assignment. These instructions are as follows:
Use this form of assignment to complete your assignment. Please download and save this assignment form as it is, use the saved document to answer each question immediately after the question, and then save the completed document and upload it to me. This way you have the question right in front of you while answering it, and I have the question and number of marks for the question in front of me in marking.
Do not use the “Track Changes” tool to use a different color type for your answers, and do not "lock" or "protect" your work. I need your document "open".
Make sure you use the following file naming protocol which is also included in the Assignment Summary sheet:
In submitting your assignments on Moodle, please name your document with your last name, then first name, followed by a space and the assignment number.
Example – for Assignment 1, if your surname was Jones and given name John, you would save the document with the title: Jones John Law Assign 1. The document type should automatically be entered by your software program.
This makes it easier for me to download the assignments for marking. Also put your name on the top of your assignments.
General Assignment Instructions:
• Write clearly and concisely.
• Use appropriate formatting choices for your answer.
o Consider: numbered or bulleted list.
o Table for comparative information.
o Sentences and paragraphs where appropriate.
• Use your judgment to present the information the most precisely.
• Watch your grammar and spelling.
• Marks will be deducted for numerous errors in grammar, spelling, punctuation, or other proofreading issues.
• The depth and effort put into your answer should reflect the number of marks given for the question.
Important note: Mastering case analysis is one of the important aspects of succeeding in this course. Read and reread and then follow the following information.
When answering cases and problems from the text:
o In some questions, you are asked to identify the Legal Issue(s), state the relevant legal tests/rules and apply them to the facts, and state a conclusion.
o Consult the “Case Analysis Flow Chart” and "How to Analyze Law Problems” in the Course Notes Topic 2 on Moodle for guidance on how to answer these types of questions.
o Rather than responding to the question at the end of the cases and problems in the text, aim to demonstrate your knowledge of the issue(s) and the applicable legal principles.
o Also, show your ability to present a rational discussion of how the law applies to the relevant facts. (You are not required to list the facts in a separate section titled Facts, but you are required to explain the facts and apply them to the relevant legal rules after you have stated the rule.)
o Remember that a definitive conclusion is not always possible; in many cases, different conclusions can be justified equally well (which is why some decisions are overturned on appeal).
o In other questions you are asked to answer a specific question(s).
o Write clearly and concisely, use complete sentences where appropriate, and (for longer answers) well-constructed paragraphs. One or two word answers will not be sufficient for full marks.
o Marks will be deducted for responses that are ineffective because of incorrect grammar, spelling, punctuation, or other errors in writing or proofreading.
Caution on completing assignments
Students must submit independently written work. Students may not write joint or collaborative assignments with other students, as there are no group assignments in this section of the course. While it is acceptable to study together, your assignments are to be your work and thoughts and analysis in your own words, or in the words of the course text book and its resources.
NOTE: If your answer is a quote from the text book, its resources or another source, you must provide a reference for the quote.
Question 1 (12 marks in total, 2 marks each) Give a full answer for these questions
a) Explain the difference between intentional torts and negligence.
b) What elements must be established to successfully sue for defamation?
c) What tests are used to determine if each of the elements of defamation have been proven?
d) Explain what it means to have an insurable interest in property and give an example.
e) Explain the Section 1 limitation on the rights and freedoms guaranteed in the Charter of Rights and Freedoms.
f) Explain the Section 32(1)(a) limitation on the rights and freedoms guaranteed in the Charter of Rights and Freedoms.
Question 2 (6 marks)
Explain the circumstances under which a fiduciary duty arises and name five of the duties owed by the fiduciary to the other party.
Question 3 (2 marks)
Explain what it means to say that insurance is a contract of utmost good faith and what the duty of the insured is to the insurer?
Question 4 (2 marks)
Explain the principle of “self-defense” by discussing when it can be used and what test is used to determine whether a person acted in “self-defense”.
Question 5 (4 marks)
Explain the difference between “physical causation” and “legal causation” by discussing what each one is, and then identify and set out the legal test used for each one.
Question 6 ( 2 marks)
Explain what a limitation period is and what the current limitation period is in BC for contract and tort actions.
Question 7 ( 2 marks)
Name the test used to determine the appropriate standard of care required of a defendant in a negligence action and then explain what the test is?
Question 8 ( 5 marks)
Kathleen is at the mall. She goes into a store to take a closer look at the iPads on display. As she turns around to leave the store, the security guard grabs her by the arm and drags her to the manager’s office, accusing her of having stolen an iPad. The store manager claims he saw her stealing on a security camera. Of course, Kathleen denies stealing the iPad but the guard insists on patting her down. Without finding anything, the guard tells her to stay put until the police comes. He then leaves her in the locked room for 2 hours. When the police finally arrive, they quickly decide to let her go. Kathleen is traumatized by her experience and wants to sue the security guard.
- Identify the main legal issue in this case (2 marks)
- What rule(s) of law will apply in this case? (1 mark)
- Develop arguments for the plaintiff, applying the rule of law to the facts. (1 mark)
- Develop arguments for the defendants, applying the rule(s) of law to the facts. (1 mark)
Question 9 ( 5 marks)
Harry spent most of his evening at the corner bar where he drank to the point of extreme intoxication. He left the pub on foot but eventually walked to his car which was parked in his office building parking lot. He got behind the wheel and drove his car into a pedestrian who was running across the street at a red light. The pedestrian was seriously injured and is suing the corner bar for damages.
- Identify the main legal issue in this case (2 marks)
- What rule(s) of law will apply in this case? (1 mark)
- Develop arguments for the plaintiff, applying the rule of law to the facts. (1 mark)
- Develop arguments for the defendant, applying the rule(s) of law to the facts. (1 mark) Question 10 (5 marks)
Gurpreet and Tony are neighbours. Tony decided to do some major landscaping on his property. The work included installing a drainage pipe which ended about 3 feet from Gurpreet’s property line. As well Tony added soil fill that resulted in his property being 1.5 metres higher than Gurpreet’s property. A few days after the work was completed and a heavy rainfall, Gurpreet noticed that large amounts of water was flowing onto her property from Tony’s property causing deep muddy areas and ruining her septic field. Tony refused to discuss the matter and therefore Gurpreet sued for damages.
- Identify the main legal issue in this case (2 marks)
- What rule(s) of law will apply in this case? (1 mark)
- Develop arguments for the plaintiff, applying the rule of law to the facts. (1 mark)
- Develop arguments for the defendant, applying the rule(s) of law to the facts. (1 mark) Question 11 (5 marks)
Alimah, a successful business woman, was alerted by a friend that some interesting stories about her were posted on the website DeepCapture.com. Alimah was startled to see that she was falsely portrayed as a supportive of a right wing political group. Alimah herself was a staunch supporter of a well know leftist leaning political party. She discovered the website only with guidance from a friend as it was contained on the “darknet” which is not easily accessible to the average user. It was not clear to her if any of her friends or colleagues or clients had seen it. She became worried that she may lose clients. She tried to find out if she could contact the website but she could not. She is considering suing the website.
- Identify the main legal issue in this case (2 marks)
- What rule(s) of law will apply in this case? (1 mark)
- Develop arguments for the plaintiff, applying the rule of law to the facts. (1 mark)
- Develop arguments for the defendant, applying the rule(s) of law to the facts. (1 mark)
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