Question
Identify SIX (6) distinct legal elements of the case. For each legal element identified, identify (1) the specific act or omission, (2) whether the act
Identify SIX (6) distinct legal elements of the case. For each legal element identified, identify (1) the specific act or omission, (2) whether the act or omission falls under public law or private law; (3) the parties involved, (4) any applicable legislation, (5) the possible legal consequences, and (6) any possible defences.
Bernie lives in Sarnia, Ontario and has been a store manager at the local supermarket for over ten years. Recently, the national chain "Grossly Big Grocery" bought the business of the supermarket. Because of Grossly Big Grocery's operations, they can sell its products at much cheaper prices than its competitors causing all the other local supermarkets in town to close down.
Grossly Big Grocery hired former tour guide, Jerry to manage the location. Bernie was demoted to assistant manger and is often asked to perform cashier duties. Very soon, Jerry became verbally abusive to Bernie and his coworkers at the grocery store. Jerry gave some employees nicknames that made fun of their race, sexual orientation and physical appearance. Jerry also arbitrarily reduced everyone's wages. One day, all the employees including Bernie decided to call in sick on the same day as a protest.
Because of his reduced wages, Bernie had to find a second job. Lucky for him, he found a job working the night shift at "Tim's Convenience", a 24-hour convenience store. Moonlighting at "Tim's Convenience" causes Bernie to be sleepy and lazy at Grossly Big Grocery during the day.
One night, Jerry goes to Tim's Convenience for milk and sees Bernie working there. He says to Bernie, "You're not supposed to be working here!! Don't come to work tomorrow!!" Before leaving, he points to Bernie and yells in "Apprentice" style, "You're Fired!!"
After being fired from Grossly Big Grocery, Bernie ran into his old friend Wanda at a bar. She tells Bernie: "My lawn mowing company, 'Wanda Woman Lawn Mowing Inc.' is making so much money, and you can do it too!!" So, Bernie decided to get into the lawn mowing business as well. He quit his night job at Tim's Convenience with a phone call to the owner. Without Bernie working the night shift, Tim's Convenience was unable to open 24 hours for two weeks.
Bernie incorporated a corporation with himself as the sole shareholder, director, and officer, and chose the name "Superman Lawn Mowing Inc.". In order to get more business for Superman Lawn Mowing Inc., Bernie bought an email address list from "Shady Marketing Inc." which contains the email addresses of local homeowners. He sends out an email blast to all the recipients containing a picture of himself in a "Superman" outfit, with the caption "Faster than a speeding bullet!! Superman will come and mow your lawn!!"
As Superman Lawn Mowing's business grew, the corporation quickly more money to buy more lawn mowing equipment. He went to "Loanly Bank" and obtained a business loan for Superman Lawn Mowing. A General Security Agreement was entered into and a PPSA registration was filed over all of the corporation's present and after-acquired assets. Bernie also signed a personal guarantee.
Bernie bought a Ford F-150 truck and leaf blowers with funds from the bank loan. He then saw an advertisement from "A-Lawn Equipment" for a riding mower at a sale price of $5,000. But when Bernie arrived, he was told that the advertised model was sold out and was shown another model for $7,000. He purchased the more expensive riding mower with PMIS financing from A-Lawn Equipment.
The local Sarnia government just announced that it is accepting bids to mow the grass at the local parks. Bernie wants to enter a bid for Superman Lawn Mowing, but Wanda offered him $10,000 to "come in high" with his bid. Bernie shook Wanda's hand and accepted the $10,000, then double-crossed Wanda by entered a bid which was actually lower than Wanda Woman Lawn Mowing Inc.'s bid. As a result, Superman Lawn Mowing Inc. got the contract.
While mowing the local park, Bernie's new employee and former airplane pilot, Bob was driving the riding mower while he was intoxicated. He ran over Bernie's foot and maimed him. Bernie is no longer able to mow loans and Superman Lawn Mowing Inc. falls behind on its bank loan and riding mower payments. Both Loanly Bank and A-Lawn Equipment are looking to seize the assets of Superman Lawn Mowing Inc.
The local newspaper, Sarnia Sun, investigated the story. At the conclusion of the investigation, the Sarnia Sun published a highly critical story with the headline "Superman is Dead" on the front page.
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