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Business Law

Important Note: Some aspects of the law change constantly to reflect the needs of the business community. For this reason, make sure you always cite the most relevant and “up-to-date” case law.

Students will critically analyse and apply concepts related to forms of doing business in Canada, employment, real and intellectual property, the priority of creditors, and consumer protection (units 6-10)

Exam Instructions

Please answer the following questions in about 150-200 words per question.

Thanks to your legal advice, the Choudhary family (Arya, Sarah, and their daughter Emma) are doing well and are planning to launch Choudhary B & S (Brew & Spice) internationally. As they pursue this new chapter, they encounter various legal challenges unique to this expansion and need your guidance.

Question 1 (8 points)

As they set up international branches, Arya must understand employment law. Explain the grounds for dismissal, using relevant Canadian case law.

Question 2: (8 points)

The Choudharys are considering partnership deals with international distributors.  What do you think? Do you support such a choice and why?

Question 3: (8 points)

Emma plans to use global culinary resources for promotional content. Can Emma benefit from the concept of fair use, and if so, how?

Question 4: (8 points)

Sarah needs clarity on ending fiduciary relationships with agents. Explain when a fiduciary duty is owed and when it is concluded.

Question 5: (8 points)

Expanding internationally, the Choudharys must understand labor classifications. Describe how courts distinguish between employees and independent contractors in Canada.

Question 6: (8 points)

Delving into global trade exposes financial risks. Define what constitutes an act of bankruptcy, with insights applicable to cross-border operations.

Question 7: (8 points)

Are there any particular aspect (s) of bankruptcy and/or insolvency you think the Choudhary should be aware of?

Question 8: (12 points)

Sarah aims to incorporate warranty standards. Analyze the Court’s ruling on express and implied warranties in Arora v. Whirlpool Canada LP, 2013 ONCA 657.

Question 9: (12 points)

Emma is concerned about IP protection for their blends. Critically assess the best suitable method of protection that Emma needs to be aware of. Make sure you justify your answers using relevant case law.

Question 10: (20 points)

The family plans to license software internationally. Discuss the statement, "Computer programs cannot be protected under patent law in Canada," and cite up-to-date case law.

Make sure the APA Citation Guide is meticulously followed throughout the exam. When using content from other sources including the required textbook, always paraphrase using your own words and then use in-text referencing. Adding a source/a reference does not mean you can copy (verbatim copying) other peoples’ work. Any verbatim copying should be placed in quotation marks.