Question
Instructions : For each question posed in these 3 case scenarios, please provide an answer according to the analysis format we learned in class -
Instructions: For each question posed in these 3 case scenarios, please provide an answer according to the analysis format we learned in class - which is: 1. Who will sue who? (Explain why you think these would be the parties to the lawsuit.)
2. What is the cause(s) of action? (explain how you arrived at this) 3. What must the plaintiff prove to be successful? (explain what must be proven IN POINT FORM. Will George be able to? Why do you say he can or can't? What facts back up your conclusions?) 4. What arguments are available to the defendant to avoid or lessen legal liability? (explain what must be proven IN POINT FORM. Will George be able to? Why do you say he can or can't? What facts back up your conclusions?) 5. Who do you think should win, and why? (explain why, based on the law and facts - who's got the stronger case in your view?)
Be thorough and precise in your answers.
Case Scenario 3
You operate a small retail boutique specializing in the sale of quality leather goods. You sell items through your retail outlet in Edmonton, as well as on-line order across Canada.
a. Your business took off shortly after starting, particularly the on-line orders. Consequently, you needed to hire someone to specifically look after that part of your business.
You placed a job ad on several recruiting platforms, and Violet Birdsee applied for the job. She was an excellent candidate, with several years' experience managing on-line orders for other retailers in Edmonton. You called her in for an interview, and were very impressed. You offered her the job on the spot, complete with a generous pay and bonus structure, and Violet accepted.
After she left, you decided to do a little social media research, and discovered from Violet's Instagram, that she belonged to an animal rights group called "Say No to Animal Skins" (SNAS). Needless to say, she did not mention this in her interview!
You called her immediately, and revoked your offer of employment stating, "I simply can not employ someone sympathetic to SNAS. I'm sure you understand."
Violet did not understand, and wants to explore legal action. Discuss. (10 marks)
b. Unfortunately, Violet wasn't the end of your problems with SNAS. One year after starting your business, the Trade in Leather Goods Act was passed by the Province of Alberta. This action was taken by the government in response to major lobbying done by SNAS.
The key sections of the Act are as follows:
s. 1 No person shall deal in, trade in, sell or advertise for sale any items made of animal skins anywhere in Alberta, or outside of Alberta for on-line purchase.
s.2. Anyone who contravenes s. 1 of this act may have their business license revoked for a period not exceeding 2 years, and be charged with a summary conviction offence.
You are very unhappy with the legislation, and think it is ridiculous that a special interest group like SNAS can undermine your business.
You want to take the matter to court. Discuss. (10 marks)
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