BUS2010: Business Law
BUS2010: Business Law
1.Provide a definition of both a Tort and of a Crime. Provide a good explanation of several differences, (e.g. purposes of, burden of proof required, etc.) between tort law and criminal law.
2.Define “passing off” and describe how it is an issue in this case. Who is the defendant? Who is the Plaintiff? What must the plaintiff do to prove the tort of passing off? What remedies would be available? What specific losses would be addressed?
3.What is interference with contractual relations and how is it relevant in this case? Who is the plaintiff and who is the defendant? What are the facts that support a possible claim? What remedies would be available in this situation?
4.Define Defamation and Injurious Falsehoods. Describe how defamation and/or injurious or malicious falsehoods are an issue in this case. What must the plaintiff prove to establish the tort of defamation and/or injurious or malicious falsehoods? What specific form of defamation occurred?
Who is the plaintiff and who is the defendant? Which defenses, if any, would be available to the defendant(s)? What would be the most probable outcome (remedy) in this situation and why?
5.Provide an explanation for “Restrictive Covenants”. Are the restrictive covenants that Max and Luke signed with Tri-City Landscapers Ltd. something that would be enforced by the courts? Explain your answer thoroughly.
6.Explain how trespass is an issue in this case from Three City Landscapers’ perspective. Who is the trespasser? If an action for trespass is commenced, who would be the plaintiff and who would be the defendant? What would be the most probable outcome (remedy) and why?
7.Max and Luke had numerous employees working for them over the last several months. One of the employees was “not working out” and Max and Luke wanted to terminate the employment contract they had with this employee. Define and explain “just cause” as it relates to employment law. What would Max and Luke require in order to terminate this employee for “Just Cause” and avoid a successful wrongful dismissal suit against them.
8.If Max and Luke are not able to terminate this employee (mentioned in Question 7) for “just cause” but still want to “let him go”, explain how you would determine the appropriate amount of notice of termination that you would need to give this employee.
9.Do Edward Churchill and/or Marie St. Claire have a potential cause of action against Three City Landscapers? If so, what type of action (give its legal name) would they pursue? Explain the cause of action and whether or not he/she might be successful. If Edward Churchill/Marie St. Claire were successful, what would be the most probable outcome (remedy) and why?
10.List the four steps to a Negligence Action in Business Law