solution

Weight: 10%

Marks: 15

Assignment #2: Short Answer Questions on the Law of Contracts

Questions

Question #1 (3 marks)

Ms. Grimes sent a letter to Mr. Howard, offering to sell him her collection of Canadian oil paintings. Her letter stated the following:

MEMO FROM: R. Grimes

TO: T. Howard

DATE: January 1, 2016

I hereby agree to sell to T. Howard my entire collection of Canadian oil paintings (6 paintings in total) for the sum of $1 million. This offer is open until Monday, January 4, 2016, at 9:00 a.m.

On Sunday, January 3, 2016, Ms. Grimes decided to sell the paintings to her well-to-do neighbour instead. Mr. Howard heard about the alleged sale later that same day and rushed over to Ms. Grimes house, stating that he wished to accept the offer. Ms. Grimes smiled and said “Sorry, you’re too late. I’ve sold to someone else.”

Is Ms. Grimes obligated to keep the offer open until the specified time? What could Mr. Howard have done to better protect his position?

Question #2 (3 marks)

On May 1, Mr. B. Dunne and a business partner applied for a bank loan to purchase a piece of property as an investment. Unfortunately, they did not have enough collateral to secure the loan without a guarantor. Mr. B. Dunne approached his wife, who was also a successful business person, to act as the guarantor and she agreed. Contrary to the bank’s usual policy, they did not recommend Mrs. Dunne receive independent legal advice prior to signing the documents. When Mr. B. Dunne and his business partner defaulted on the loan, the bank sued Mrs. Dunne for the outstanding amount. Is the bank able to collect on this loan? What issues may arise?

Question #3 (3 marks)

Sayid bought a used car from a local used car dealership. While looking at one particular car, he asked the salesperson if it had ever been in an accident. The salesperson responded “No, this car has never even been in a fender bender. It is in amazing condition” even though he knew it had been fixed up after a three car pile-up. Sayid then decided to buy the car. Unfortunately, after getting the car home, Sayid experienced numerous problems with the vehicle. Upon further investigation, he found out that the car had been in a terrible accident and was almost a “write-off”. What issues arise in this situation? Does Sayid have any recourse?

Question #4 (3 marks)

Claire offered to sell her car to Bella for $10,000. Bella accepted the offer. The car was currently in storage, so the two people agreed to go together later that day to pick up the car from the storage facility. Neither one knew that the storage facility had burned down the night before and all of the property held there had been destroyed. Is there a valid contract?

Question #5 (3 marks)

Miles witnessed John drive through a red light while on his cell phone and hit another vehicle. John approached Miles and offered him $500 to offer a witness statement saying he hadn’t seen John drive through the light. Miles agreed. John gave him $100 but then never gave him the rest of the promised money. Miles would like to sue John for breach of contract. What are the scenario?

 
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Assignment #1: Case Study Problems on the Law of Torts and Torts Impacting Business

Instructions

Review the materials from Module 3 and answer the questions as they relate to the case studies below. Your answers must be typed. Submit your answers through the D2L Assignments area. Please check the submission date in the Course Schedule.

Marking Key

Tremendous Treats (“TT”) is a chain of restaurants specializing in lunches and baked goods. The restaurant has a high ratio of ‘take out’ customers, but also offers limited seating which is located up a small set of stairs. Case #1: Facts

Ab ordered a bowl of soup from the counter and chose to eat it in the restaurant. The server told him that the floor was being washed upstairs and he should be careful. He said “That’s ok, I’m sure I’ll be fine.” There were no “Caution, Wet Floor” signs, or any obviously wet areas visible, so, looking forward to his lunch, Ab bounded up the stairs and into the seating area. Unfortunately, with his first step onto the landing he slipped on the wet floor and fell. He broke his hand and suffered minor burns from the soup spilling onto his bare skin.

Ab was a very talented drummer, and as a result of his broken hand he could not compete in the finals for the “Battle of the Bands” competition taking place that night. This competition was very important to him because many music executives attended the final competition and habitually signed artists to their labels after this event. Because of his injuries, Ab’s talent would not be discovered.

Ab feels that this was his big shot at a music career, and that by not performing in the competition he blew his chances of being discovered.

Ab has decided to sue TT for negligence, and claims TT owes him the amount of $10 million in general and special damages, for the exorbitant salary he would have made in the music industry.

Answer the following questions, and explain your answer in each case.

Question 1 (2 marks)

Does TT owe Ab a duty of care? Describe what is meant by duty of care and explain how AB can argue that TT owes him a duty of care.

Question 2 (3 marks)

Has TT breached the standard of care? Describe what is meant by standard of care and explain how Ab can argue that TT breached the standard of care.

Question 3 (1 mark)

Did Ab suffer damage? Describe the potential damage suffered by Ab.

Question 4 (1 mark)

Was the damage caused by the actions of TT? Explain your answer.

Question 5 (3 marks)

Are there any defenses available to TT? Describe three potential defenses available to TT to avoid liability.

Case #2: Facts

Terrence, who is 19 years old, went with a few friends to play night paintball at the local venue, called Paintball Extreme. Portions of the play area were both inside and outside the building. In the outside area, the edges of the boundary were marked by a chain link fence and some lighting, but there was a five meter stretch that was cloaked in darkness with no external lights and some bushes landscaped into the perimeter. There was a small sign posted close to this area saying players were entering a ‘high risk’ zone and they were playing at their own risk. There were also warning signs as you enter the building and as you exit to the outside play area about the potential dangers of paintball. There was also a verbal warning over the loudspeaker as you enter the venue and sign out your protective gear. On the back of Terrence’s receipt was the following:

“Warning: Despite enhanced player protective gear, serious injury can occur. Stay alert at all times including before and after the game stops.

The holder of this ticket assumes all risks and dangers of personal injury and all other hazards arising from or related to the event for which the ticket is issued.”

Sure enough, shortly after the game started, Terrence tripped over a shrub and broke his ankle. Terrence didn’t see the shrub because he was busy talking with his friends at the time and was not paying attention to his surroundings. Terrence wishes to sue the owners of the paintball venue.

Answer the following questions, and explain your answer in each case.

Question 1 (2 marks)

Do the owners of the venue owe Terrence a duty of care? Explain your answer.

Question 2 (3 marks)

Have the owners breached the standard of care? Explain your answer.

Question 3 (1 mark)

Did Terrence suffer damage? Describe the damage.

Question 4 (1 mark)

Was the damage caused by the actions of the owners? Explain your answer.

Question 5 (3 marks)

Are there any defenses available to the owners? Describe at least two defenses available to the owners.

 
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Fast-food franchises and chains are found throughout the world: McDonald’s, Burger King, KFC (all U.S. based), Goody’s (Greece), Wimpie’s (UK), Hot Breads (India), and MOS Burger (Japan) are just a few of the fast-food empires that are expanding globally. When you place an order at the counter of a fast-food franchise, you are actually contributing to the success of the entrepreneurial franchise owner, as well as the success of the corporate franchisor. Even these well-known global brands have within them an element of small-business success. To prepare for this Discussion question, identify and research a franchise opportunity of interest to you.

Question:

Post an analysis of your chosen and researched franchise opportunity. Your analysis should include responses to each of the following:

An analysis of the requirements to become a franchisee, including legal and financial commitments. Other factors that could impact a decision to purchase this franchise. As a potential business owner, would you be more likely to purchase this franchise or start your own unique business? What does the answer say about your appetite for risk?

 
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  1. The stereotypical real estate agent uses tactics like bargaining and high pressure to get customers to buy. This is an example of the ________ orientation.

A) production

B) sales

C) marketing

D) customer

E) relationship

  1. Today many retailers create apps that customers can download to their smartphones or tablets to be up-to-date on the company’s offerings. In the context of situation analysis, which of the following macro-level external environmental factors does this exemplify?

A) Economic factors

B) Natural factors

C) Technological factors

D) Political, legal, ethical factors

E) Sociocultural/demographic factors

  1. Oxy fast-food restaurants are primarily located in a shopping center. The restaurants experienced growth in their first five years. The owner realizes that expanding restaurants could be difficult. Therefore, he decides to remain current activities. As such, what generic strategy is adopted by the owner?

A) retrenchment

B) stability

C) diversification

D) growth

E) differentiation

  1. The sales manager at a company wants to keep informed, so he collects, analyzes, and stores data from the macro environment on a continuous basis. This illustrates the concept of ________.

A) portfolio analysis

B) exploratory research

C) marketing intelligence

D) probability sampling

E) mechanical observation

  1. Nielsen Research Firm is testing customers’ reaction towards a new advertising campaign for Mcdonald New Sandwiches. The researchers use eye cameras to track movement of the consumers’ eye on the advertisement so that they can monitor what customers are focusing on the advertisement. This is known as ____________market research.

A) in-depth interviews

B) mechanical devices

C) behavioral measures

D) structured surveys

E) focus groups

  1. Apex Jerseys, a manufacturer of sports apparel and sports equipment, has experienced a sharp drop in sales over the last quarter. The marketing manager asks the marketing research department to investigate this alarming development. The first step taken by the researchers in their process should be to ________.

A) design a questionnaire to gather pertinent data

B) decide which statistical procedure to use

C) determine sources of internal secondary data

D) identify the sample of customers to survey

E) formulate a specific research problem

  1. Before Gabriel bought a camera, he reviewed magazines, solicited opinions from friends and families, conducted online searches, and tested out different cameras in the store. This is an example of a(n) ________.

A) extensive information search

B) end-user investigation

C) minimal information search

D) low involvement purchase

E) internal information search

  1. Which of the following statements is true about customer relationships in business markets?

A) A strong impersonal relationship with customers is critical in maintaining one’s business.

B) One-on-one personal communication is the most important tool in developing and maintaining customer relationships.

C) An impersonal relationship in B2B markets often connotes a greater emphasis on technology.

D) Customers demand not only an impersonal relationship with their vendors but also an efficient one.

E) Customers prefer direct communication mediums such as e-mail and direct mail for any correspondence.

  1. Maryanne noticed that one of the manufacturing teams lost productivity over a six-month period. She puts together a document that describes the productivity loss and does a study to determine the cause. She finds that one of the key machines in the process breaks down often. Maryanne asks several machine manufacturers to come in to make proposals for new machines. Maryanne is playing the role of a(n) ________.

A) influencer

B) gatekeeper

C) initiator

D) arbitrator

E) reseller

  1. Informing and educating the target audience about the product’s benefits and features is part of the communication strategy in the ________ phase of the product life cycle.

A) introduction

B) growth

C) maturity

D) decline

E) regression

  1. When products like cell phones are promoted as a safety device for working women and moms, this demonstrates that one way to find “new” markets is to ________.

A) develop product penetration strategies

B) sell added benefits to the existing customers

C) reposition the existing products targeting different customer segments

D) alter the cost so more people can afford the product

E) create advertisements targeting working women and moms

  1. Which group of adopters include prime candidates for beta testing and represent a good source of feedback late in the product development process or early in the product launch phase?

A) innovators

B) laggards

C) early adopters

D) late majority

E) early majority

  1. Yoshi is trying to explain to one of her ticket counter associates the differences in price associated with concert tickets. She explains that the lowest-priced tickets are for the least desirable seats and the highest-priced tickets are for the most desirable seats, with the rest of the ticket prices falling somewhere in between. Yoshi is describing ________ pricing.

A) product line

B) captive

C) odd/even

D) reference

E) prestige

  1. HP sells an inexpensive printer for an entry-level user, but the printer cartridges that need continual replacement are fairly expensive. This demonstrates the concept of ________.

A) product line pricing

B) captive pricing

C) price bundling

D) reference pricing

E) prestige pricing

  1. One rationale for establishing a price skimming objective is that ________ lends status to a product or brand by virtue of a price relatively higher than the competition.

A) product line pricing

B) captive pricing

C) price bundling

D) reference pricing

E) prestige pricing

 
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