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Business Law Analysis Report 2 Question Answers
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End Outcome: Formulate an analytical assessment of legal issues for an early stage business.
Modules 6-10.
In this assignment, you are required to, again, put yourselves in the shoes of a legal advisor to a small business owner, Joseph, who has just opened a small bakery/restaurant named “The Croissconenut.” Joseph faces additional issues at the early stages of his small business, and he looks to you to provide him with additional advice.
Case 1
First, Joseph just purchased two industrial ovens for his restaurant. He entered into a contract for sale and delivery online. He paid for them via PayPal and received them on time. Everything seemed to be working at the outset, but after an initial test, he found that the hinges on the doors of the oven weren’t properly installed, and therefore the doors didn’t close properly. He wants to return them outright for a full refund, but the seller wishes to simply send out a repairman to correct the defect. Joseph is seeking your advice to see if some sort of warranty applies, and what the terms of that warranty are. He also wants to know which remedy (his, or the sellers) is more likely under the circumstances.
Case 2
Second, before purchasing these ovens he sold his 2 current ovens to two different buyers. Both paid for the ovens by cheque, but the first cheque had two lines across it and the words “not negotiable.” Joseph is worried that this cheque is not valid. The second cheque was originally written to a party other than Joseph, and was not endorsed. However, the word “bearer cheque” appears on the front of the cheque. Joseph is unfamiliar with these instruments and is worried that he has been provided with fraudulent cheques. He asks you for
advice on the interpretation of these two instruments and for your opinion as to their validity.
Case 3
Third, Joseph has hired a cleaning crew to clean his work premises on a nightly basis. He pays them on a weekly basis, and tells them exactly how to clean the premises. The crew uses their own tools to conduct their cleaning services. He sometimes even watches them clean the premises and oversees every aspect of it. The cleaning crew operates as sole traders, but due to the frequency of their work
with Joseph, they have him as their sole client at the moment. Joseph believes that they are merely contracted labor, but had heard that certain freelancers have sued clients for rights as full employees. Joseph would like you to advise him on what type of employment he has truly undertaken with his cleaners, and what consequences may come from this determination of employment.
Case 4
Fourth, Joseph operates his business out of the location that is owned by his uncle, and he rents it without any formal lease agreement. He has rented it for over a year and has paid rent on a monthly basis in a timely manner for the duration of his tenancy. His business has grown considerably since its opening, and Joseph anticipates that he may have to move to a new location in order to handle the business he is now receiving. He also would like to obtain a larger place that can accommodate in-house baking of his product. He recalls that his uncle said casually after the lease had commenced that he would like Joseph to provide six months notice if he ever wanted to vacate the lease, but Joseph feels that he does not need to provide any notice at all because he has no lease. Joseph would like you to provide him with advice as to what type of lease he holds with his uncle, and what the proper notice of termination would be.
Case 5
Fifth, and finally, Joseph is concerned about his record-keeping system that he is utilising for his employees. He has several employees at his business, and his profits have skyrocketed to over $4 million per year. He keeps his employee’s records on a personal computer at his home office. To save money, he uses the public, unsecured WiFi of a neighboring restaurant when working on his home computer, and he does not believe in protecting his personal or work files with passwords of any kind. Joseph happens to talk with another business owner
who was under investigation by the Privacy Commissioner for violation of the Privacy Act, and now Joseph is wondering if that Act applies to him, and if he is compliance with it. He asks you to advise him on the Privacy Act, and advise him on whether or not he may be in violation of the Act. With the above information, please provide a written report addressing the five major questions to the best you your ability. Please feel free to utilise the information provided in the modules, as well as outside sources which may include books, periodicals, journal articles and information sourced from other legal websites (both those sited on in the modules and otherwise).
Submission guidelines
Your final submission should be a report that addresses each of the following:
- For each question identify the appropriate law(s) and/or rule(s) that apply to the situation;
- Identify and explain the appropriate elements or frameworks accompanying such laws and rules;
- Apply those rules to the facts of the case as presented; and
- Draw a conclusion based upon your analysis that answers the question posed.
Hints
Begin each section by identifying any applicable law or legal concepts that may
apply (for instance, you may choose to outline the elements of a contract or tort).
Then assess the factual scenarios with respect to those definitions and constructs
and attempt to draw conclusions when possible.
Also, bear in mind that there are limited facts within the above scenario.
As such, you may want to note when further information might be helpful
to you in providing such an answer.
Submit the documents in .doc or .docx format.
Please remember to reference correctly.
Assignment Checklist
- Due: On completion of modules 6-10.
- Length: 2000 words (10% allowable either way). Indicate word count
on cover. - Title: Full report question, single-spaced on the first page.
- Identification: Full name and student number, single-spaced on the first page.
- Journal Articles: Argument or discussion uses a minimum of 5 outside academic references (books or peer-reviewed journal articles) and all are referenced in the report.
- Page Numbers: Pages numbers placed on top right-hand corner of each page, without brackets or full stops.
- Presentation and Format: Reflection type-written or word processed in 12-point font, double-spaced, with margins of at least 25mm.
- Referencing: Harvard or APA system of referencing is used. Full reference list – not bibliography – included at end of the report.
- Library and Resources: Report includes journals, papers and books
sourced from the library or other university resources.
Business Law Analysis Report 2 Question Marking Sheet
We will ensure that you get an A for each marking criterion.
Demonstrates an understanding of key business laws, sources of regulation and acceptable business practices (40%)
A well discussed and original understanding of laws, regulations and acceptable business practices is clearly evident, with effective use of
relevant examples and/or legal principles.
Applies legal principles to business situations (30%)
An excellent application of relevant legal principles utilising critical thinking, originality and creativity.
Analyses and discusses links between organisational structures and business law in practice (15%)
Excellent analysis and discussion, with clear links established. The originality of content is clearly evident.
Clarity of Writing (10%)
Exceptional writing, style and organisation which flows naturally from start to finish.
The accuracy of sourcing, citation and referencing (5%)
Excellent presentation, structure and totally accurate referencing. Four or more highly appropriate outside texts are integrated exceptionally well within reasoning.
And you shall get the best grade.
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End Outcome: Formulate an analytical assessment of legal issues for an early stage business.
Put yourselves in the shoes of a legal advisor to a small business owner, Joseph, who has just opened a small bakery/ restaurant. Joseph is excited about the new venture, especially since he has designed his restaurant around a pastry that he believes he’s invented – the croissconenut – the combination of a croissant, scone and doughnut. HIs restaurant will serve this delicious pastry as well as other more traditional pastries, along with coffees and teas. At the outset of this business, Joseph has encountered several different issues which he is asking you to advise him on.
First Part
Joseph located the restaurant in a quaint location that is sure to get foot traffic, but the size of the kitchen prevents him from cooking the signature croissconenut on the premises. He has outsourced the creation of his baked goods to his cousin, Alfred, who has agreed to supply all of the needed baked goods on a daily basis. This has worked for the first few days of operations, but Joseph now wants to increase his output to 100 croissconenuts per day and he is not sure if Alfred can, or will, increase his supply. Nothing has been put in writing, and Joseph is wondering if he should continue in this manner, and also wondering what specific elements are necessary to make an enforceable contract with Alfred.
Second Part
Joseph is partnering with his two siblings in the endeavor and wishes to divide the ownership equally among them, but he also wants to protect them (along with himself) from full liability in the event that anything should go wrong in the business. Joseph would like to know which business structures would satisfy these needs, and which one you might recommend for his business.
Third Part
Joseph is concerned about protecting the value of his unique baked good. He has named the restaurant “The Croissconenut” and he would like to be the only restaurant in town that uses that name for his bakery. He would like to obtain a Design on his signature baked good and is wondering if this is an appropriate form of protection. In addition, he is asking you to help him find a way to protect his intellectual property.
Fourth Part
On the first day of operations, an unusual accident occurred wherein a bicyclist crashed into Joseph’s “Grand Opening” sign which was positioned on the sidewalk directly outside of the restaurant. The sign was destroyed, and the bicyclist suffered minor injury and was quite angry after the accident—so angry that he threatened to sue Joseph for recklessly placing his sign in the middle of the sidewalk. Joseph estimates that the injury would likely be no more than $4,000, but he is asking you for assistance on this matter. Specifically he wants to know how a court may interpret negligence in this particular situation, and he also wants to know what court he would likely appear in, in the event this matter goes to trial.
With the above information, please provide a written report addressing the four major questions to the best of your ability. Please feel free to utilise the information provided in the modules, as well as outside sources which may include books, periodicals, journal articles and information sourced from other legal websites (both those sited on in the modules and otherwise).
Your final submission should be a report that addresses each of the following:
For each question identify the appropriate law(s) and/or rule(s) that apply to the situation;
Identify and explain the appropriate elements or frameworks accompanying such laws and rules;
Apply those rules to the facts of the case as presented;
Draw a conclusion based upon your analysis that answers the question posed.
Assignment Hints:
Begin each section by identifying any applicable law or legal concepts that may apply (for instance, you may choose to outline the elements of a contract or tort).
Then assess the factual scenarios with respect to those definitions and constructs and attempt to draw conclusions when possible.
Also, bear in mind that there are limited facts within the above scenario. As such, you may want to note when further information might be helpful to you in providing such an answer.
Marking Criteria;
Demonstrates an understanding of key business laws, sources of regulation and acceptable business practices (40%) – A good understanding of laws, regulations and acceptable business practices is clearly evident. Some discussion and originality. Good use of relevant examples and/or legal principles.
Applies legal principles to business situations (30%) – A well thought out and effective application of legal principles is clearly evident. Good application of relevant critical thinking is demonstrated.
Analyses and discusses links between organisational structures and business law in practice (15%) – Very good analysis and discussion is evident. No originality evident. Clear links are established.
