Question
Answer questions based on each of the following scenarios. You will specifically find it helpful to review the contents of negligence law, contract law, and
Answer questions based on each of the following scenarios. You will specifically find it helpful to review the contents of negligence law, contract law, and business forms:
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Scenario 1
Casey is 19 years old and is attending the first year of the University of Northern British Columbia's nursing program. She became notorious for the amazing parties she threw. However, those same parties caused Casey to neglect her studies, and she earned poor marks in school. She was placed on academic probation due to low marks and didn't want to be removed from the program.
Ashley is Casey's close friend. People frequently commented on how similar Casey and Ashley's appearances are. Ashley is 20 years old and is in the second year of the nursing program at UNBC. Ashley regularly earns As on E X A M S.
Casey is struggling to study for her F I N AL e x a m in Biology. The class size is approximately 80 students. She says to Ashley, "there's no way I can w r i t e t h i s E X A M and I'm about to be kicked out of school. My parents are going to kill me if that happens. I know you're really good at this stuff. How about this: You take my identification, pretend to be me, and write the E X A M on my behalf. I'll give you $500 to do it."
Ashley, needing the money to help pay for her next year of school, says "No problem, I'll do it!" Ashley pretends to be Casey during the E X A M. However, Ashley never bothered studying and her biology knowledge wasn't as good as she remembered. Ashley scored only 40%, and Casey failed the course and dropped out of school. Casey refused to pay Ashley $500.
Ashley sued Casey to collect the $500.
Do you think this contract is enforceable? Explain. You may find it helpful to c r e a t e a chart that looks like this:
Element of contract | Is this element present (yes/no) | Explanation |
Consensus | ||
Consideration | ||
Legality | ||
Intent | ||
Capacity |
2. Does your answer change if this contract is written and not verbal?
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Scenario 2
Mike is an administrative assistant for Sally, a small plumbing materials supplier who is the sole proprietor of her business. He's been at his job six months and feels comfortable in his position, although he is still learning. There are only two people in his office - himself and his manager, Sally. One Friday, Sally stayed home sick because of a flu. Mike still attended work, as he had a lot of paperwork to get complete. In the middle of the day, Johnson, a customer from a large plumbing firm, walks in. He tells Mike that he needs to purchase supplies for a water fountain installation and asks Mike for a recommendation.
Mike recommends materials that later turn out to be inadequate for the job. Over the weekend, the materials were installed and later caused a leak, causing serious water damage in the foyer of an office building.
Answer the following questions:
3. Explicitly referencing each of the elements of negligence, discuss if you think that Mike was negligent in this scenario. In addition, you should discuss if Johnson being from a large plumbing firm makes a difference in whether or not Mike was negligent.
You may find it helpful to C R E A T E a chart that looks like this:
Element of negligence | Is this element present (yes/no) | Explanation |
a) Duty of Care i) Reasonable Foreeseeability ii) Proximity iii) Public Policy | ||
b) Breach of that duty | ||
c) Causation | ||
d) Damages |
4. Assuming that negligence did indeed happen, is Sally liable for Mike's negligence? Explain.
5. If the answer to 4 is yes, are Sally's personal assets at risk? Explain.
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Question 6
Describe at least one new thing you learned in last week's assignment on Aboriginal Title.
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Question 7
Draw a picture, C R E A T E a doodle, or make any other artistic creation about the one topic you hope to still remember about Business Law 1 year from now.
Note: You can use MS Paint or doodle by hand. You also have a lot of creative freedom here! This is intended to take no more than 5 minutes and is a way for me to assess which topics students find most memorable.
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