assignment 1 for lgst 365 The assignments are substantial exercises that you will be asked to complete at the end of a unit or section. They provide

assignment 1 for lgst 365

The assignments are substantial exercises that you will be asked to complete at the end of a unit or section. They provide an opportunity for you to try out the knowledge and skills that you should have acquired at that stage. Each assignment should be between 3 and 5 pages or 1200 to 1500 words in length. This limit includes both case studies or parts which must be done for assignments 1, 3 and 4. The page limit is based on using Times New Roman font-size 12, double-spaced, normal margins. Title pages are not needed for the assignments in this course. If you have any questions or concerns about the length of your assignment contact your tutor before submitting it.

Assignments should be submitted to your tutor through the Assignment Drop Box. Your tutor will receive an email message indicating that your assignment has been submitted for grading. Your tutor will grade your paper, place comments in it, and upload it to the website for you to view or print. When the assignment has been graded and made available on the course website, you will receive an email message notifying you that it is available for viewing.

Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor discuss whether other arrangements can be accommodated.

General Advice about Assignments

Marks will be lost if you don't identify all the legal issues that should be discussed in your answer. For most assignments there are at least three or four to be considered.

You must review carefully all the facts in the problem scenarios which are there for the purpose of triggering the legal issues. There are no irrelevant facts that can be ignored. This means you should discuss all the given facts in your answer.

After going over the facts then look back at the units you have just studied to find the legal issues that relate to the facts you are given. These issues will involve rules or principles of law that will determine the legal outcome of the situation that is described. Your answer should discuss whether the facts fit within these rules or principles to bring about a certain legal result or decision. The result you predict may be favourable to one of the parties named in the situation and unfavourable to another. Keep in mind that a party may succeed on one issue and lose on another.

Legal rules are often in the form of conditional "if - then" statements such as:

"If this happens, or that situation occurs, then the legal result shall be . . ."

In these assignments you will be giving your views about whether the facts stated in the question satisfy the "if" part of this equation.

This process of analysis should also be followed when answering questions on the exam.

Structuring Assignments

The following instructions apply to all five written assignments for this course. Instructions specific to an assignment are provided with the corresponding assignment.

1. Identify the general legal area under examination and the particular legal issues that are relevant based on the facts presented. For instance, does the assignment question relate to a matter of enforceability of a contract (and are the issues related to offer, acceptance, consideration, capacity, etc.) or does it relate to whether someone is liable for negligence (and are the issues related to standard of care, duty, professional negligence, etc.)?
2. Identify and describe any preliminary issues that must be dealt with before addressing the main topic. For example, preliminary issues may involve determining whether the employee is, in fact, an employee; whether the agreement was actually for a sale of goods; whether an employer might be vicariously liable for the acts of an employee; and so forth.
3. Identify the specific legal problem or problems. What are the relevant legal principles, what must the plaintiff prove (and with what detail), and does the plaintiff have a case, based on the facts presented? Next consider any defences that the defendant might offer and whether or not, based on the law you have described and the facts presented, he or she would be successful.
4. Assertively state your conclusion about the likely outcome and give reasons to support your position. Explain possible weaknesses in your conclusion (if any). Would your position change if more facts were available? (etc.)

Factors to keep in mind as you prepare each assignment:

• Be methodical and systematic in your analysis. Deal with the issues in a logical order. For example, if there is a question of whether or not the contract even exists, you should discuss it before you address questions of breach of contract and damages. Look carefully at how both sides will view the problem. Think carefully about what each side must show. Make an outline of the problem. Note major problems and the sub?issues under each main topic.
• Avoid reading facts into the assignment. Work only with the information you've been given. If you do make an assumption in an effort to further your analysis, clearly state the assumption you are making. If you think more information would help you resolve the case, clearly indicate what additional information would be required and how it would be helpful.
• Do not simply state a conclusion. Make sure that you look at both sides of the story. All conclusions reached must be clearly supported by references to the facts and the specific laws that apply to those facts. For example, don't just say, "Sally was contributorily negligent," and leave it at that. Say, rather, "Sally was contributorily negligent, because at the time she was struck by the vehicle while she was walking across the street, she was also talking to someone on her cell phone and fumbling in her purse for a phone number. A reasonable person would pay more attention to the traffic around them when crossing a busy intersection."
• Don't worry about whether or not all of the parties involved actually have sufficient evidence to prove their cases. Assume they can, and proceed from there. For example, if you are told, "John mailed his acceptance of Sam's offer at 6 p.m.," assume that it is a fact and can be proven. Don't worry about the evidence that John will have to produce to prove it. However, if critical facts are missing, identify them specifically and indicate why they are necessary. For example, if you are told, "John communicated his acceptance of Sam's offer," you would need to know how it was communicated as well as the date and time. You would then explain why this information is essential to apply the law to the case.
• Resist the temptation to state what you "think" or what "ought to happen." You must provide legal conclusions along with supporting facts to predict what the likely outcome will be.
• Contact your tutor if you have any questions or concerns about how to approach or complete any assignment.

Assignment 1 Instructions

This assignment should be done after studying Units 2 and 3 and completing the quizzes for those Units. It is worth 10% of the final course mark.

Case Study A (50%):

Stan is thinking about starting a toxic waste disposal business. He plans to collect the waste from businesses that produce it and then dispose of it in a sanitary landfill. In order to start this business, Stan will need a substantial amount of money to buy and develop the landfill site and purchase five trucks capable of transporting toxic waste.

What concerns would you have about operating this business as a sole proprietorship if you were Stan? What alternative form of business organization would you recommend and why?

Marking Rubric

Marking Criteria

Comments

Mark

Identifies the two most significant issues (areas of concern for Stan) raised by this new business and its needs

/10

Identifies consequences of operating as a sole proprietorship in relation to these concerns

/20

Identifies consequences of using other forms of business organization in relation to these concerns

/10

Comes to a conclusion that one form of business organization may be preferable and explains why

/10

Total

/50

Case Study B (50%):

In 2006, Sally opened a restaurant called Traders' Place in rented premises in Ottawa's booming financial district. She operated the restaurant as a sole proprietorship. By 2012, the business had grown and she determined that she needed experienced help to run the business. In November 2012, Sally approached Marty to see if he would become the manager of the Traders' Place business. He agreed and the following were the terms of his agreement with Sally.

Each month, Marty was paid $1000 plus 1 percent of the total restaurant revenues for that month. Total monthly revenues, on average, were about $100 000. At the end of each complete calendar year that Marty worked, if the restaurant had made a profit for the year equal to or exceeding $200 000, Marty was entitled to receive 10 percent of the profits.

Marty was responsible for managing the restaurant, including

• opening and closing the restaurant, 
• hiring, firing and scheduling staff, and
• ordering food and paying suppliers.

Sally was responsible for the financial side of the business, including budgeting, accounting and payroll, as well as marketing. In 2013, Traders' Place profits exceeded $200 000 and Marty was paid 10 percent of the profits in accordance with the agreement.

Are Marty and Sally carrying on business as a partnership? Explain your reasoning in relation to the facts involved.

Marking Rubric

Marking Criteria

Comments

Mark

Identifies the legal description (or definition) of a partnership to be used to help answer the question

/5

Lists the factors a court would look at to help decide if the legal definition applied to Marty and Sally

/20

Identifies facts that support answering "yes" to the question whether they are partners or not and explains why they are relevant to the factors mentioned above

/10

Identifies facts that support answering "no" to the question and explains why they are relevant to the factors mentioned above

/10

Arrives at a reasoned conclusion based on all the facts and the discussion presented

/5

Total

/50

When you are ready use this webpage to upload your assignment for marking.

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