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Assignment 2 George Brown College

Business Law BUS 1044

Assignment 2 CRN 82612

Spring semester 2020

Please note I have divided this into 4 parts-

The instructions –on pages 1 and 2

The rubric- on page 3

A check list –on page 4

The actual assignment questions-on pages 5, 6 and 7

The Instructions-

1. This assignment MUST be typed as a word document, font size 12, single spacing. Do not
write out the questions, just submit your answers.

2. This assignment is due on Tuesday July 21st 2000, no later than 12 noon EDT. Late
assignments will only be accepted up till 12 noon EDT on Saturday July 25th, they will be
marked late and late penalties will apply. One mark will be deducted for every day (24 hour
period) late i.e. one day late deduct one mark, two days late deduct two marks etc.

3. The assignment MUST be submitted through Blackboard.

4. DO NOT put your name or Student ID number on the assignment.

5. This is an individual assignment. Do NOT lend or borrow notes or papers. Duplicate

papers will BOTH as a minimum consequence receive a grade of zero.
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6. Please remember the rules and consequences on plagiarism and students are advised to
refer to both the course outline and the college policies, all posted on Blackboard.
Blackboard will check your assignment through Safe Assign. All quotations, including those
from the text book and the internet, must be set off within quotation marks and must be
referenced.

7. ALL questions should be answered. Write as much as necessary to answer the questions.
Remember that explain does not mean define, a full explanation must be given to obtain the
marks.

8. Please also add a bibliography from at least 2 sources, class notes and power point slides
do not count or one mark will be deducted. Your bibliography must be submitted at the
same time as submitting your assignment.

9. There is only ONE attempt although Blackboard will allow you to resubmit a 2 nd time , but
only a 2nd time in case if you had not attached your assignment the 1 st time. This does not
mean that you can resubmit a 2nd time i.e. if your 1st attempt you forgot to include your
bibliography or you submitted your draft assignment by mistake, then your 1 st attempt
counts.
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The rubric This is to be used as a guideline .As you will notice no marks are allocated in the
rubric as it is clearly stated in every question on the assignment itself the mark allocation .

Business law assignment one

Question and value Presentation Knowledge Application

Question one, total  Answers the  Shows a very  Demonstrated a

marks 10 questions good good application
correctly understanding of and reasoning of
 Presents the the legal the legal
information in a principles principles
Question two, total clear, logical and  Was able to use  Provided good
marks 9 organized independent examples i.e.
manner thought and questions 1a,1b,
Question three, total  Very few spelling wrote in their and 4 c
marks 4 and or grammar own words  Used at least 2
mistakes resources
Question four ,total
marks 7

A very good paper-

A reasonable paper-  Answers the  Shows a  Demonstrated a

question mainly reasonable reasonable
all correct understanding of application and
 The information the legal reasoning of the
could have been principles legal principles
presented better  Mostly used  Provided one
 A few spelling independent example i.e.
and or grammar thought and questions 1a,1b
mistakes wrote mainly in and 4 c
their own words  Used 2 resources

A poor paper-  Does not answer  Shows a poor  Demonstrated a

the question well understanding of poor application
 Poor the legal and reasoning of
presentation principles the legal
 Several spelling  Did not use principles
and or grammar independent  Did not provide
mistakes thought and any examples to
failed to write in i.e. question
their own words. 1a,1b and 4 c
 Only used 1 or
no resources
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The check list

A Check list before you submit your assignment.

1. Due date EDT –submit early and before the due date .If you are late, your assignment will
be marked as late and late penalties will be applied. NO assignments will be accepted after
the availability end date of 12 noon EDT Saturday July 25th

2. Submit only through Blackboard as a word document, Single spacing, and font size 12
Only submit your answers, no need to rewrite the questions.

3. DO NOT put your name and student ID number on your paper.

4 .All questions answered -Ensure you have answered ALL the questions and you submit
your finished paper not a draft, this is your responsibility.

5. Included a bibliography - Ensure you have included a bibliography from at least 2 sources,
again this is your responsibility or one mark will be deducted. Your bibliography must be
included at the time you submit i.e. no 2nd attempt.

6 .Your own words and no plagiarism or duplicate papers. Very important you must write
your assignment using your own words.

Plagiarism, remember your assignment will be checked by Safe assign for plagiarism and
duplicate papers, which result as a minimum consequence of a grade of zero.

7. Only one attempt although if you fail to attach your document, Blackboard will allow you
a 2nd attempt at submitting but only a 2nd and only if you forgot to attach it the 1st time.

The assignment is worth 15% ALL questions should be answered.

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Question 1

You work as an assistant to the HR manager of a construction firm, who has asked you to
prepare a short report highlighting some of the concerns regarding health and safety in the
workplace. You need to address the following issues-

a. You have been asked to identify two potential risks or hazards that could result in an
accident occurring on construction sites. ( 2 marks)
b. Explain two preventative measures that could be taken to try to avoid or at least reduce
the two potential accidents (you identified in question 1 a) from occurring. (2 marks)
c. An accident does occur on the construction site and injuries occur. There are two parties
injured, an employee and a third party i.e. a visitor who was allowed near the site. Both
parties want to claim damages. Explain the different procedures for the employee who
is injured as a result of the failure on the part of the employer, as opposed to the 3rd
party i.e. the visitor being injured. ( 2 marks)
d. Give one reason why it is in the employers financial interests to keep accidents to his
workers, to a minimum.( 1 mark)
e. Find the Ontario Occupational Health and Safety Act, RSO 1990, c O.1 and explain under
section 25(1) (d) the duty of an employer and under section 28 (2) (c) the duty of a
worker. (2 marks). Do not cut and paste your answer.
f. The firm you work for has different categories of workers i.e. ,employees, dependent
and independent contractors ,you have heard it said that the workplace health and
safety standards apply only to employees, comment on the accuracy of this .(1 mark)

Total 10 marks

Question 2

a. Jessie is a salesman for a car dealership. He had been told specifically that he had no
authority to make any sale, take a trade-in, or otherwise deal with the vehicles without the
manager's express approval of every deal. One day Jessie was approached by Razio a
customer, who wanted to buy a used BMV and agreed to pay the $40,000 asking price.
Unfortunately, the manager was not there at the time so Jessie decided to write up the
agreement. When the manager returned, he liked the deal and realized that the customer
might change his mind when he realized that the salesman, Jessie didn't have the authority to
bind the seller in contract. Under these circumstances, explain the action the manager could
take, naming and explaining the legal principal involved and the effect. (3 marks)
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b. Bob is in the process of assembling land for a construction firm, called XYZ Ltd, to build a
condominium. He entered into a contract with the seller, Mario. Bob did not disclose that he
was acting for someone else when he entered into the contract. What is this an example of
and if there is a breach of contract, explain Mario’s rights when he learns that Bob was acting
for a construction firm XYZ Ltd. (3 marks)

c. An agent owes a fiduciary duty to act in the best interests of the principal and the third
party. Comment on the accuracy of this statement and give two examples of what is meant by
an agent’s fiduciary duty.

(3 marks) Total 9 marks

Question 3.

After leaving college you and 2 of your friends decided to go into partnership and form a
general partnership. You have carried out some research but you are still uncertain as to a few
matters. Answer the following questions giving a clear explanation.

a. If there is no partnership agreement, and there are three equal partners, explain if you as
one of the three partners ,will only be held liable for one third of the debts of the
partnership but no more than one third.( 2 marks)
b. You understand that there are certain provisions under the Partnership Act that can be
modified if you have a partnership agreement. Explain if you and your other partners
decide to write a partnership agreement, if the provision concerning the sharing of the
liability can be modified and how would this affect the claims of 3rd parties? (2 marks)
Total 4 marks

Question 4

You have inherited some money from your uncle. You are deciding how to invest that money
and are considering buying shares in a corporation. There are so many corporations to choose
from .You have heard that a corporation must issue a prospectus but are unsure as to what
this means.

a. Explain the purpose of a prospectus and generally what information should it disclose. ( 2
marks)
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b. Once you have chosen the corporation to invest in, you need to decide what type of share
to buy, common shares or preferred shares. Explain one fact about common shares and
one fact about preferred shares.( 2 marks)
c. Give one reason as to which type of share you would choose. ( 1 mark)
d. You also have a question about dividends. You have heard from a friend of yours who is
a shareholder in ABC Corporation, which is a very profitable corporation that in spite of
their success, the directors of the corporation refused to declare a dividend as they wanted
to invest the money into research and development. Your friend and the other
shareholders are angry and are considering raising an action for non-payment of the
dividend. Explain if your friend is likely to be successful .( 1 mark)
e. Explain if it is true that once you become a shareholder, you have an obligation not to
compete with the corporation? ( 1 mark ) Total 7 marks

Grand total 30 marks