Business Law Torts and Contracts Question

MGMT1601 – ASSIGNMENTPURPOSE:
The purpose of this assignment is to demonstrate your understanding of the essential elements of torts
and contracts to the following questions.
INSTRUCTIONS:
You may answer in either paragraph-form or point-form.
Your assignment must be typed, double-spaced and a maximum of six pages in length.
You must pay close attention to grammar, spelling and punctuation in your response, as those items will
count towards twenty percent of your grade on this assignment.
All files must be submitted through Dropbox in D2L and must be IN PDF FORMAT. Failure to follow this
instruction will result in a loss of a minimum of 10% of the available marks for this assignment.
Each of your responses MUST include citations to specific legal principles FROM YOUR TEXTBOOK AND
ONLY YOUR TEXTBOOK for EVERY legal principle referred to in your answer, however your answer MUST
BE IN YOUR OWN WORDS AND NOT COPIED FROM THE TEXTBOOK. I WOULD ANTICIPATE THAT YOUR
ANSWERS WOULD LIKELY HAVE BETWEEN FIVE AND FIFTEEN CITATIONS TO LEGAL PRINCIPLES
INCLUDED IN IT.
Answers which do not cite pages from your textbook, which only provides general citations (e.g., pgs.
200-220), or which provide no citations at all, will receive a grade of ‘0’ with no opportunity to resubmit
your assignment.
As your textbook is your only permitted resource, you do not need to provide citations in APA format –
you can simply provide the page number(s) that you referenced in your answer (e.g., pg. 146). As an
example of what I am looking for, if your answer required you to examine whether or not someone was
negligent, you would be required to identify all elements of negligence, the tests for each of those
elements, and provide specific page citations for each of those elements and tests.
YOU ARE NOT PERMITTED TO USE ANY RESEARCH SOURCE OTHER THAN YOUR TEXTBOOK. ANY
ANSWERS WHICH APPEAR TO HAVE USED ANY OTHER SOURCE MATERIAL WILL BE REPORTED TO THE
PROGRAM CHAIR FOR SUSPECTED ACADEMIC MISCONDUCT.
ACADEMIC HONESTY:
Academic dishonesty and plagiarism are taken very seriously at Bow Valley College, even if the dishonesty
or plagiarism was unintentional. Please also be aware that taking credit for work you did not create
yourself is considered an act of academic misconduct and will be reported to your Program Chair, which
may then lead to a reprimand, suspension or expulsion – please ensure that you have read the Course
Offering Information document and the Chiu School of Business Learner Handbook for more information
about the Academic Honesty Policy.
You are not permitted to work with other students on this assignment, nor are you permitted to share
your answers. The Chiu School of Business has resources which allows it to identify non-original work as
well as work which has been shared amongst multiple learners, and those resources will be relied upon
in the review of your submission.
TORTS
Sally decided that she wanted to make some changes in her life, starting with her hair. She called up her
stylist and said that she wanted to have her hair dyed purple, but that she was nervous about doing so, as
she had never colored her hair and had heard some horror stories about others who had their hair dyed
and ended up with bad results. Sally’s stylist reassured her that she was an expert who colors her clients’
hair all the time.
Sally came in and rather than her stylist testing out on a small patch of hair to see if it there were any
problems or unanticipated reactions, the stylist poured the dye over Sally’s entire head. Sally woke up the
next morning and quickly realized that all of her hair had fallen out and that she was now completely bald.
She was traumatized both physically and mentally, and was unable to go to work for two months.
1. What elements/tests must Sally establish to establish a negligence claim?
2. How should those elements/tests be applied to the facts of Sally’s case in order to convince the Judge
that Sally should win?
3. What categories of damages should Sally seek and on what basis?
CONTRACTS
Joe and Dave are cousins. Dave has just been accepted into medical school but is worried about how he
will pay for his tuition, books and rent. After going out for a cup of coffee and hearing Dave’s concerns,
Joe says that he will give Dave $500 per month in order to help with his expenses. Halfway through the
school year, Joe decides that he would like to start saving for a new car and he tells Dave that he will no
longer provide him with $500 per month. Dave feels like Joe has breached a contract as is considering
suing for breach.
1. Specifically referencing the required elements for a valid contract to exist, please explain whether a
valid contract exists here?
2. If you conclude that a valid contract does not exist, what could Dave have done to ensure that the
promise became legally binding?