Canada Business Law Questions

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Canada Business Law Questions

Description

you need to write answers for 2 questions, this is canadian law subject, here i will attach a file consisting of 13 questions, you need to answer the question numbers 11 and 13, for question 11 you need to write 1500 words and for question 13 you need to write 4000-5000 words, please follow the apa format and i need the turnitin report. there are some more instructions in the file.

For question number 13 the country is China, i.e my team number is 1, so you have to write about china. please do write a quality paper.

Explanation & Answer length: 4000 Words.

UNFORMATTED ATTACHMENT PREVIEW

MBA 663: CANADIAN AND INTERNATIONAL BUSINESS LAW FALL 2020 MAJOR GROUP PROJECT ASSIGNMENT (45%) Overview Working in groups, students will complete a continuing and comprehensive set of legal problems and analysis. The assignment consists of thirteen problems. Students will use the facts provided in the problem, their learnings in the course and research to complete the assignment. The assignment is due no later than 9 p.m. PST on November 30, 2020. Evaluation The grade for the assignment will be calculated as follows: • 80% grade for the answers to the problems. Each question has different requirements. Generally, answers must: o Satisfy the requirements of the questions. o Where required, accurately state the law or principle. o Provide thorough analyses and explanations. o Make appropriate use of secondary sources, case law and legislation where required.

o Present clear and logical arguments. The reader can easily follow line of reasoning. • 20% grade for overall presentation: o Coherent, clear and concise writing. o Adheres to principles of grammar and appropriate use of punctuation. o Well-organized in presentation. o References follow APA formatting guidelines. Each of the thirteen problems has a designated number of marks available and a maximum word count. The maximum word count is not a required word count. Some problems have specific questions that require answers. Other problems require an IRAC (Issue, Rule, Application, Conclusion) analysis. We will discuss the IRAC method in one of our online sessions. You will need to do external research for some of the questions. If case law or legislative research is required, it will be noted in the question. Otherwise, the text, other secondary sources, information on government websites and articles should be used.

Many law firms also have good articles published on their websites. Take care to note the jurisdiction of the firm and the date of the article if you use these law firm sources. Submission MBA 663 Major Group Project Fall 2020 1 The assignment will be submitted in two parts. Part 1 will be problems 1 to 12 and part 2 will be problem 13. One submission for the group must be made to the dropboxes provided on Moodle by the due date. The submission must be in Word, double-spaced and in 12 point font. APA style citations and a reference list are required. Please note: All files uploaded will be submitted to the plagiarism detection service Turnitin.com Hints and Tips • • • Pay close attention to what the question is actually asking of you and answer it. Use headings. This helps the reader understand the organization and flow of the paper. There is rarely, if ever, a need to use an exclamation point in academic writing.

Do not do it. ASSIGNMENT Introduction: Mark is a senior software engineer at a video game design company based in Vancouver, B.C. The company, DigiPlay (DP), is very successful with numerous popular titles and services. Over the last few years its growth strategy has shifted to a service model rather than reliance on titles. DP’s head office is in Vancouver and it has offices and development campuses globally. Mark has a Master of Science from UBC. He has been working at DP since he graduated from the UBC program eight years ago. He received a work experience opportunity while in the MSc program and was offered a position after graduation. DP is a good company to work for. It pays very well and has lots of perks including stock options, education opportunities, and progressive leave arrangements.

Mark has done very well at the company and has always received glowing performance reviews and now manages a team of five engineers. Part A Problem 1: Mark recently moved into a new condo in Vancouver. He hired a moving company to move his belongings. Unfortunately, during transport some of his belongings were substantially damaged. Included in the damaged property were some antique pieces of furniture and works of art that Mark’s grandmother had left him when she passed away. The moving company is not accepting responsibility and has said that the property was damaged before the move. Mark wants to sue the moving company for the damage to his property and seek compensation. He estimates that the damage has resulted in approximately a loss of $35,000 - $40,000. Mark is good friends with Katie, a lawyer in DP’s legal department. Mark does not want to pay for a lawyer and will handle the lawsuit himself. Even though Katie specializes in intellectual property law, she agreed to try and answer Mark’s questions about the legal process.

Over lunch, Mark asks for advice on the following question MBA 663 Major Group Project Fall 2020 2 1. In what court should Mark file the lawsuit? What are the pros and cons of each court? 2. How does he start a lawsuit? What documents are required and what information is needed for the document? 3. After he starts the lawsuit, what is the next step that he must take? 4. What are his obligations with respect to document disclosure? (20 marks; Max 1000 words) Problem 2: Katie is working on a potential liability problem with the senior lawyer at DP. In the last few months, a security risk in one of DP’s games has arisen. There may be a defect in the programming that could allow hackers to access the user’s personal information. With the assistance of a team from various divisions, Katie’s boss has asked her to prepare a memo for the VP responsible for the security division.

Katie’s boss asks her to include the following in the memo: 1. Name and explain the different forms of risk management that DP can employ. 2. For each form of risk management, list two options that DP could undertake. For each option, analyze the pros and cons of the option and the impact it could have on the business. (20 Marks; Max 1000 words) Part B Problem 3: One day, Mark gets a call on his cell from a human resource manager at a game development firm in California. A former colleague, Philip, has given his name as a reference for a new job. Philip was a software engineer at DP for 10 years before quitting last year to take a break and travel for 6 months. While everyone liked Philip, after he left DP rumours began that Philip had breached confidentiality agreements and given trade secrets to a competitor.

Unfortunately, Mark forgets that DP has a corporate policy that only direct supervisors are permitted to give references. He tells the human resource manager the following: “I liked working with Philip. He was a great engineer and always met deadlines. He did good work. However, we found out after he left the company that he was dishonest. He gave some code to a competitor. He probably got paid for it.” Three weeks later, DP and Mark get a letter from Philip’s lawyer. The letter alleges that Mark’s statements to the HR manager were defamatory. Philip is threatening to sue Mark and DP for $5,000,000 because he did not get the job and has lost out on all the benefits, including stock options, because of Mark’s statement.

Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze the liability of both Mark and DP. Include an analysis of any applicable defences. In your analysis, include at least one case from BC or another Canadian jurisdiction that deals with defamation committed by an employee. (25 marks; Max 1500 words) MBA 663 Major Group Project Fall 2020 3 Problem 4: Unfortunately, DP did not take any of the steps Katie recommended in her report under Problem 2. Four months after DP became aware of the weakness in their software, they had a major security breach. The personal information of millions of customers worldwide was obtained by hackers. Users quickly noticed that their credit card numbers were being used by thieves, and a public website was discovered that listed all of the users’ private information.

Within two weeks of customers becoming aware of the breach, a class action lawsuit was filed against DP in Vancouver. The representative plaintiff was claiming, among other things, negligence. Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze the liability DP has in negligence. (25 marks; Max. 1500 words) Part C Problem 5: Mark’s team is working on a part of a game that takes place in ancient central Africa. On this project, Mark arranged for DP to engage an external consulting firm to provide insight into the culture and setting of the time period for the game. The consulting firm, Culture Sphere, specializes in this type of work, and regularly provides historical research for game developers, authors, creatives in the film industry. Culture Sphere was supposed to provide its preliminary report to Mark’s team on October 14th.

However, because one of its key African history experts has to go on medical leave, it notified Mark on September 28th that it would not be able to complete the report by the deadline. They want to amend their consulting contract to change the deadline to November 15th. They send a document to Mark that says: Amendment to Consulting Agreement The Parties agree that the deadline contained in the Consulting Agreement entered into on August 1, 2018 requiring that a Preliminary Report be delivered by October 15, 2018 is hereby changed and extended to November 15, 2018. Signed: ___________________ Signed:____________________ Mark sends the document to Katie and asks whether DP should sign the amendment or suggest a revision. She notices that the Consulting Agreement contains a provision stating that the contract is governed by the laws of Ontario. Answer the following questions:

1. Would this modification of the consulting agreement be valid? Explain.

2. Give two options that would make the modification valid. Explain why they would work. MBA 663 Major Group Project Fall 2020 4

3. If the governing law was BC and not Ontario, would this change your answer to (1)? (15 marks; Max 750 words) Problem 6: After the data breach debacle, DP was looking to improve its security and data protection abilities. One way in which they decided to do this was to buy another company. The company is a Texas based software firm that specializes in gaming security.

Secure Tech had developed new encryption software that was intended for gaming platforms. They also had some of the best programmers that specialize in security, and DP wanted to bring the talent into the company. Mark was part of the team that went to Texas to meet and begin negotiations. Mark had great people skills and the executive team asked him to come along. The DP team toured the Secure Tech facility, observed the engineers at work and had some great dinners with Secure Tech representatives. Near the end of the trip, negotiations started. During a dinner, the CEO of DP asked the CTO of Secure Tech about a particular piece of code and whether it was patented. The code was an important piece to Secure Tech’s encryption software. The CTO answered, “yes, we just received patent approval last week”. The CEO of DP wanted the deal done fast. The class action had a negative impact on DP and the completion of the acquisition would restore investor confidence. He wanted to announce the deal as soon as possible and close before year end. Because of the rush, the contracts were sloppy, and the due diligence was minimal.

After the deal completed, Katie noticed that Secure Tech did not actually have a patent for the code. The CTO had mixed up the code that the CEO had asked about with another patent that Secure Tech had obtained. After the acquisition, the patent application for the code was rejected due to a technicality and shortly after, another company was able to secure a patent for a very similar code. The CEO of DP is very upset. He would not have paid such a high price for Secure Tech if he knew there was no patent. He wants to sue the former CTO of Secure Tech for the loss. Katie is tasked with providing an opinion on what DP’s legal options are. Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze the options available to DP. In your analysis, include at least one case from BC or another Canadian jurisdiction that states the law applicable to this problem. (25 marks; Max 1500 words)

Problem 7: After all of the legal trouble that DP has had, Mark thinks it’s time to move on. He wants to quit his job at DP and start his own business with a friend, Sacha. Sacha is a freelance animator that works in the film industry. He is very talented but can get bored easily. He likes to freelance so that he can take long breaks to travel between jobs. He also has an inheritance that he draws a nice income from. He does not really need to work. Mark and Sacha want to open a MBA 663 Major Group Project Fall 2020 5 business that focuses on animation in the film industry. In his free time, Mark has been experimenting with some new programing that he thinks could improve animation significantly. If he is right, Mark and Sacha could use the technology to be very competitive in the film industry.

Mark’s employment contract with DP includes the following provision: 17. NON-COMPETITION. For the duration of this employment agreement and for three (3) years after the termination of this agreement, the Employee shall not work as an employee, officer, director, partner, consultant, agent, owner, or in any other capacity in any competition with the DP. This means that the Employee must not do any of the above for a company is involved in the gaming or animation industry in British Columbia. Mark is concerned that if he starts the business with Sacha, he will be in breach of the agreement, so he seeks the advice of an employment lawyer. Using the IRAC (Issue, Rule, Application, Conclusion) method, analyze the contractual provision in Mark’s employment agreement. Will DP be able to enforce it? What remedy would DP seek if the clause is enforceable? (15 marks; Max 750 words) Part D Problem 8: After sorting out this non-competition clause, Mark decides to go ahead and start his business.

He quits his job at DP and begins to work with Sacha. Mark and Sacha know that they need to formalize the structure of their business. They know that they can either operate as a partnership or incorporate a company. Mark and Sacha will hire a lawyer to do the paperwork, but they want to do some research on their options ahead of time to save on legal fees. 1. Compare and contrast partnerships and incorporations in British Columbia. Explain both options, what are the differences and similarities, and what are the benefits and drawbacks? Note any applicable legislation. 2. Make a recommendation for Mark and Sacha’s situation. What is the best option for them and why? Take into consideration the all the relevant factors, including nature of the business. (20 marks; Max 1000 words) Problem 9: During the process of incorporating the new company, which they named Vision Works, Mark and Sacha negotiated a shareholder agreement.

Sacha, using his inheritance MBA 663 Major Group Project Fall 2020 6 money, had a lawyer at prestigious law firm provide the first draft of the shareholder agreement. It includes the following clauses: 13.1 If either Shareholder (the “Offering Shareholder”) desires to purchase the Shares owned by the remaining Shareholder (the “Remaining Shareholder”), the Offering Shareholder shall make an offer (the “Offer”) in writing to the Remaining Shareholder to purchase all, but not less than all, of the Shares owned by the Remaining Shareholder. The Offering Shareholder shall specify in the Offer the terms of the purchase and sale including the price (the “Offer Price”) to be paid for the Shares owned by the Remaining Shareholder. The parties agree that any such Offer shall contain an amount per Share in said Offer, since the parties are not equal Shareholders of the within Corporation.

13.2 Acceptance or Counteroffer by Remaining Shareholder. (a) Within seven days after the receipt by the Remaining Shareholder of the Shotgun Offer pursuant to article 13.1, the Remaining Shareholder shall advise the Offering Shareholder in writing either: (i) That the Remaining Shareholder accepts the Offer on the terms and conditions set out in the Offer; or (ii) That the Remaining Shareholder elects to purchase Shares owned by the Offering Shareholder on the terms and conditions set forth in the Offer. Answer the following: 1. What type of clause is this and what does it mean? 2. What are the pros and cons of this clause? 3. Should Mark agree to this provision? Why or why not? (15 Marks; Max 750 words) Problem 10: After about one year in business, Sacha decided to exit Vision Works. While he enjoyed working with Mark and building the business, he didn’t want to be tied down. Mark and Sacha negotiated an arrangement that saw Mark purchase Sacha’s shares in the business. It was an amicable separation.

Six months later, Mark heard through industry connections that Sacha had secured a contract for a freelance job for work on an animated feature film with Mixar Studios. It was a large project and Sacha would have to hire other contractors to complete the job. Mark was very upset because Mark and Sacha had been in talks with Mixar for Vision Works to take on the contract before Sacha left the company. Mixar had approached Vision Works regarding the project because of the excellent work the company had done on an acclaimed animated short film. Sacha was the creative force behind the short film. They were in the process of negotiating terms with Mixar when Sacha announced he would be leaving the company. Because Mark did not think he could take on a project like this without Sacha, he broke off negotiations. Hearing that Sacha got the work makes Mark wonder if Sacha left Vision Works so that he could take the entire benefit of the contract for himself. MBA 663 Major Group Project Fall 2020 7 What claim(s) could Vision Works bring against Sacha? What remedies would be available?

In your analysis, include at least one case from BC or another Canadian jurisdiction that cites the law applicable to this problem. (20 Marks; Max 1000 words) Part E Problem 11: Mark has obtained investment financing from an angel investor syndicate based in Washington State. The investors see significant potential in the code he has developed. Using the funds, Mark is expanding operations and hiring for a number of new positions. Penny has applied for a software engineer position. She is in the second round of interviews and is meeting with Mark and an HR manager. They are conducting the interview via Zoom because of a global pandemic and they are not able to work in the office at the moment. Fortunately, the government of BC has said that businesses can partially re-open next week as long as proper workplace health and safety measures are taken. During her interview with Mark and the manager, Penny mentioned that she will need to work from home for the foreseeable future.

She tells them that she had a kidney transplant 5 years ago and because of the anti-rejection medication she takes, her doctor has advised that she work at home until there are zero cases in BC or a vaccine is available. Mark says, “well, we really need people who can work on site. I just don’t see how this could work.” After the interview, Mark tells the HR manager to not make an offer to Penny. He says that they need someone on site. The HR manager is immediately concerned about discrimination and the company’s human right obligations. She asks Mark why working on-site is a requirement. Mark says, “that’s just the way we do things. We do so much work in teams and I don’t want to be Zoom calling all the time.” Despite her concerns, the HR manager sends Penny a letter thanking her for her time and indicating she will not be getting an offer of employment from the company. One month later, Vision Works is notified that P...

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