Management Law Case Study

As you study Business law, you will realize that law is an important area for the business person. There are two main branches of the law, the civil law and the criminal law and both may affect a business. There are differences between the two branches and one difference is the standard of proof required if a dispute goes to court.

a. Explain what is meant by the burden of proof and explain why you think that there are different standards for a civil action and a criminal action. ( 2 marks)

b. Give one example of a civil action and one example of a criminal action that could arise in a business situation. By giving an example, explain how the same wrongful conduct can give rise to both a civil and criminal action. ( 3 marks)

c. From the following identity if the answer is true or false (note no explanation is necessary)

i. In a civil case the state raises the action. True or false

ii. In a civil case an individual can represent themselves .True or false

iii. In a criminal case there is always a jury no matter the crime. True or false ( 3 marks)

d. Using the website

www.canlii.org

find the Constitution Act 1982 and explain under section 10 (a) only, what right a person has on arrest or detention AND explain under section 11 (d) if an accused has to prove their innocence.( 2 marks) Do NOT cut and paste you answers.

Please also add a bibliography from at least 2 sources, class notes and power
point slides do not count, or one mark will be deducted. Your bibliography must be
submitted at the same time as submitting your assignment.
Question 1.
As you study Business law, you will realize that law is an important area for the
business person. There are two main branches of the law, the civil law and the
criminal law and both may affect a business. There are differences between the
two branches and one difference is the standard of proof required if a dispute
goes to court.
a. Explain what is meant by the burden of proof and explain why you think that
there are different standards for a civil action and a criminal action. ( 2 marks)
b. Give one example of a civil action and one example of a criminal action that
could arise in a business situation. By giving an example, explain how the same
wrongful conduct can give rise to both a civil and criminal action. ( 3 marks)
c. From the following identity if the answer is true or false (note no explanation is
necessary)
i. In a civil case the state raises the action. True or false
ii. In a civil case an individual can represent themselves .True or false
iii. In a criminal case there is always a jury no matter the crime. True or false ( 3
marks)
d. Using the website www.canlii.org find the Constitution Act 1982 and explain
under section 10 (a) only, what right a person has on arrest or detention AND
explain under section 11 (d) if an accused has to prove their innocence.( 2
marks) Do NOT cut and paste you answers.
Total 10 marks
Question 2.
When working in a business, disputes often arise. Think of your answer to
question 1 b. The law provides various ways to ty to resolve a civil dispute.
a. Suing a party in court, litigation is one way of trying to resolve a dispute.
However there are various factors to consider as there are advantages and
disadvantages in litigation. Explain (in a sentence and not just name) two
advantages and two disadvantages of litigation. (4 marks)
b. As there are considerable disadvantages in litigation there are ADR Alternative
Dispute Resolutions methods as ways to try to resolve a civil dispute. Distinguish
between mediation and arbitration as ways of resolving disputes (explaining 2
differences). 4 marks
Total 8 marks
Question 3.
In order to create a binding contract, certain essential elements must be present.
From the following scenarios answer the questions identifying AND explaining
which essential element of contract law could cause an issue.
a.Darius is a bit short of money so he decided to make pirated copies of DVDs and
sell them. He entered into a contract with Julius who knows they are pirated
DVDs as they are cheap. Is there any problem Darius could encounter with this
contract? Explain
b.Darius was so busy making the pirated DVDs that he forgot he was to have dinner
with his family as it was his father’s birthday. His sister
Antonia was hosting the party. She had gone to a lot of expense with the food
and drinks and even bought a new outfit for herself. Antonia is really upset and
angry as not only Darius but her other brother Tom and his family also failed to
turn up. She is threatening to sue Darius and Tom for the cost of the food and
drinks and her new outfit. If she does will, she be successful, explain?
c.Darius has a nephew, Marcus who is 17 years old and lives in Ontario. Marcus
entered into a contract with a car dealership to buy a car. Two days later Marcus
is regretting his decision and wants to get out of the contract. Can he, explain.
d.To end a less than perfect day, Darius is in dispute about a motorbike. Darius
offered to sell his motorbike to Josh for 4,000 dollars. Josh said ok I accept
provided you install a new set of tires. Darius wants to know if, at this point in
time, he has a binding contract. Explain
Total 8 marks.
Question 4
a. Sandia had entered into a contract to buy an antique painting. When she
arrived at the antique shop to collect the painting, she was told by the sales
assistant that the owner had changed his mind about selling the painting to
Sandia. She is really disappointed as she wanted that painting. Name and
explain what is the most appropriate remedy for Sandia in this situation. (2
marks)
b.Ben entered into a contract with a firm of computer suppliers for a new
computer. Ben is a tax accountant who is self-employed and works from home,
so he needs a computer for his work. His current and only computer was not
working too well so Ben placed an order for a new computer and the suppliers
informed Ben he would have his new computer within the next 4 days. During
this time Ben’s old computer died so he could not do any of his work. The 4 days
ended up being 4 weeks before the firm supplied Ben with his new computer. So
Ben spent the time watching his favourite soap operas on TV. As a result Ben
lost some clients and incurred a financial loss. Ben being an accountant has
calculated his lost revenue as being 10,000 dollars. He is expecting the firm to
reimburse him for the whole amount. Explain if Ben may have issues in obtaining
the whole amount of 10,000 dollars. (2 marks)
Total 4 marks
Grand total 30 marks