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Hi Thanks for your last assignment help.But there are many Problems about Part B in last work, the feedback I will show youThis assignment is about Part C that should modify theseThanks a lot
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BUILD-A-BUSINESS PROJECT
PART C
Part C—Complete legal analysis (10 points)
Instructions (please delete these instructions from your final document):
This document is a complete version of your Build-a-Business project, including all
of Parts A, B and C. You can and should use this opportunity to improve your
answers in Parts A and B.
This document may look long, but remember: you’ve already finished half of it.
Everything in Part C, with the exception of the last two questions, has been
covered in class.
You can put together the final document however you want. It is quite acceptable
to cut-and-paste your answers from Parts A and B into this document, or you can
start a new document.
Whatever method you choose, make the final document look professional, with a
consistent font and formatting. Part of your grade is based on the overall look of
your final submission.
The final document must be submitted via Dropbox in Brightspace no later than
11:59pm on Monday, April 1, 2019. Please be in touch if you have any questions:
[email protected]
1
Part A
1. What is the name of your business? (Feel free to be creative.)
2. What is your business? In what industry is your business going to operate?
(Again, enjoy this opportunity to be creative and focus on something you enjoy.
The only restrictions are that it has to be a viable operating business, and it can’t
be a coffee shop.)
3. What will you offer (goods, services, both)?
4. Who is your target market? Who do you think will buy your product or service?
5. In which Canadian province and city are you going to set up your business? In
other words, where is your business’s “home”? (The business must be located in
Canada, but not in the province of Quebec.)
6. Where will you do business? In other words, will all your customers be in your
business’s home province, or might some of them be outside your business’s
home province? Explain.
7. Will you have any physical locations (for example, any retail stores, distribution
facilities, warehouses), or will you operate only from home? Explain.
2
8. Is your business regulated primarily by the Canadian federal government or by
the provincial government? (If you’re not sure about this, review the “Division of
Powers” section on pages 13-14 of Chapter 1. You may also have to do some
online research. Hint: Most businesses in Canada are regulated primarily by the
provincial governments.)
9. Based on your answer to questions 5 and 8, are there any laws in your home
jurisdiction that regulate your specific industry? (For example, a lawyer is
governed by provincial laws about the legal profession. An airline is governed by
federal laws governing airlines. Remember: This question is about laws that
govern ONLY your SPECIFIC industry. You may have to do a Google search to find
the answer to this question. Many industries do not have a specific law that
governs them, so your Google search may produce no results.)
3
Part B
10. Identify five different contracts into which your business will need to enter in
order to operate. Include the purpose for each contract (e.g. receive supplies and
services, protect against a liability, mitigate some risk, etc.). (Contracts generally
are covered in Part 3 of the textbook, but you won’t find the answer to this
question in the textbook because the answer depends on your specific business.)
11. For each contract you’ve identified in question 12, what is the major legal risk
for each contract, and what clause(s) will you try to include to protect yourself
from that legal risk? (Contractual risks are identified throughout Part 3, but see
especially Chapter 10 on defects, Chapter 11 on breach of contract, and Chapter 9
on standard contract clauses.)
12. Will your business have employees? If so, approximately how many?
13. If your business will have employees, identify five legal risks involving
employment. Outline the contract clauses you will include in your company’s
employment contracts to manage these five risks. (Employment risks are
identified in various places in the textbook, but see especially Chapter 25)
14. Employee training is usually an important part of a legal risk-management
plan. Outline the training (if any) you will provide to your employees and how the
training will reduce your company’s legal risks. (Chapter 25)
15. Explain whether your business can be exposed to employment discrimination
claims under the applicable Human Rights Act, and if so, how you intend to
4
manage that risk. (Please note: It is not an acceptable answer to write “I won’t
face a human rights complaint because I will never discriminate.” Companies can
get into legal trouble even if they have good intentions.) (Chapter 25, pages 644646)
16. Identify two non-negligence torts someone could claim your business
committed and describe the circumstances under which such claims could arise.
(Think about all the torts and cases discussed in class or in the textbook, and
remember that someone does not have to be right to claim you did something
wrong. Also, discuss what the business could (or should) do to manage the risk of
these tort claims.) (Chapters 4-5)
17. Describe two circumstances under which someone could assert negligence
claims against your business. (Make sure your scenarios include sufficient facts to
address the elements of negligence (duty of care, standard of care, breach of
standard of care, causation, foreseeability, and damages). Also, discuss what the
business could do to reduce the risk of these negligence torts from occurring.)
(Chapter 6)
18. Explain any product liability claims your company might face or explain why it
would not be exposed to product liability claims. (Chapter 6, pages 148-151)
5
19. What legal issues, if any, are raised for your business by the following
legislation:
a. Sale of Goods Act? (Chapter 13)
b. Consumer Protection Act? (Chapter 24, pages 625-626)
6
Part C
20. What are the most important items of real (immovable) property that your
business will need in order to operate? (Chapters 14 and 15)
21. What is the major legal risk for each of the items of real property identified in
your answer to the previous question? How will you manage those risks?
(Chapters 14 and 15)
22. What are the most important items of personal (movable) property that your
business will need in order to operate? List at least five separate items. (Chapter
16)
23. What is the major legal risk for each of the items of personal property
identified in your answer to the previous question? How will you manage those
risks? (Chapter 16)
24. List some of the specific forms of intellectual property your business will have
or produce. (Remember the five types of intellectual property: patents,
trademarks, copyright, industrial design, confidential business information. Most
businesses will have at least one or two of these types of intellectual property. A
few may have all five. A few may have none.) (Chapter 17)
7
25. What will your business do to protect its intellectual property? (Each type has
its own methods of protection or preservation of rights, so be sure to address how
you would protect each type you have.) (Chapter 17)
26. What major sales and marketing risks will your business face? If you believe
your business does not face any major risks, explain why not. (Chapter 24, pages
618-625)
27. What legal issues, if any, are raised for your business by the Competition Act?
(Chapter 24, pages 610-618)
28. Who has authority to act on behalf of your company and in what ways? (This
is a question about agency. Think about anyone who can be deemed to have
agency authority at any level.) (Chapter 19)
29. What legal form will your business take—sole proprietorship, partnership,
corporation, or something else? Explain why you have chosen that legal form.
Give at least three advantages and at least three disadvantages of the form you
have chosen. (Chapter 20)
30. If you choose to incorporate, will you incorporate federally or provincially?
(Chapter 20, pages 522-523)
8
31. What is the name of the legislation, if any, that governs your chosen form of
business association? (Your answer will depend on your answers to Questions 29
and 30. If necessary, use the CANLII database (canlii.org) as a resource to find the
answer.) (Chapter 20)
32. If you have chosen a form other than sole proprietorship, how does your
chosen form of business association protect you or others from exposure to
personal liability? (Chapter 20)
33. What kinds of insurance will your business require in order to manage the
legal risks identified in this Build-a-Business project? (Chapter 16, pages 406-412)
34. Using the CANLII database (canlii.org), find at least one court decision in your
business’s home province that involves a business like yours. (Your “home”
province is the one you identified in your answer to Question 5.) If you can’t find
one in your business’s home province, find one in another province. Briefly
explain what the case is about. Give the legal citation from CANLII and a hyperlink.
(Both the citation and a hyperlink are provided at the top of every CANLII
decision.)
35. Using a Google search, find at least one news story from your business’s home
province that involves a business like yours being involved in a legal issue. (It can
be any issue, but it must involve some aspect of law. If you can’t find a news story
from your business’s home province, find one in another jurisdiction.) Briefly
explain what the story is about. Give a proper citation for the article AND a
hyperlink.
* * * END OF BUILD-A-BUSINESS PROJECT * * *
9
Rubric for Part C of Build-a-Business Project
COMM 2603
Winter 2019
10
9
7-8
5-6
Quality, research, format, overall impression
Answers all the questions fully, thoughtfully, and accurately.
Evidence of careful thought and meaningful research.
Parts A, B and C form a seamless whole.
Formatted well and presented in clear, concise language.
Document is professional-looking and suitable to a business
environment.
Answers all the questions thoughtfully, although there may
be one or two answers that are inaccurate or incomplete.
Evidence of careful thought and meaningful research,
although there may be some gaps.
Parts A, B and C fit together well, although there may be
some minor inconsistencies.
Written mostly in a clear, concise style, and structured
logically.
Document is mostly professional-looking and suitable to a
business environment, although a few tweaks are possible.
Answers most of the questions, though there may be a few
major gaps in the reasoning.
There is some evidence of research, though limited.
Opportunities have been missed in Part C to improve
deficiencies in Parts A and B.
Written in a reasonably clear style, though there may be a
few important points that are unclear.
Structured logically and readably, though improvements are
possible.
Document would be suitable to a business environment with
relatively minor improvements.
Some of the answers are missing or poorly thought out.
Very limited or no evidence of research.
Parts A, B and C are disjointed in content and formatting.
Written fairly clearly, but with some major points requiring
more thought or explanation.
Document is not suitable to a business environment without
significant improvements.
3-4
1-2
0
A few answers are adequate, but most are missing or wrong.
No evidence of research.
Parts A, B and C are not integrated in content or format and
disagree on major points.
Badly written, with most points unclear.
There is some structure, though not very logical or readable.
Document does not look professional and is not suitable to a
business environment without being re-written.
Many answers missing or incomplete.
No evidence of research.
Parts A, B and C are not integrated in any way.
The answers given are not thoughtful or accurate.
Badly written. No sensible structure.
No submission.
Late submission.
There is a submission, but it’s a mess from beginning to end.
BUILD-A-BUSINESS PROJECT
PART B
COMM 2603
Winter 2019
Prof. Graham Steele
Part B—Partial legal analysis (8 points)
Part A
1. What is the name of your business? (Feel free to be creative.)
l MOUTH-WATERING
2. What is your business? In what industry is your business going to operate?
(Again, enjoy this opportunity to be creative and focus on something you enjoy.
The only restrictions are that it has to be a viable operating business, and it can’t
be a coffee shop.)
l It is a fast foods restaurant and shall offer fast food items to its customers
and will be operating in the industry of food industry.
3. What will you offer (goods, services, both)?
l MOUTH-WATERING is expected to offer a range of fast food products such as
pizzas, cakes, cream doughnuts, chocolate chip cookies, crepe and among
other fast food products. Apart from offering the fast food products to the
customers especially students at school, MOUTH-WATERING will also provide
delivery services for the purchased products to customers who demand
delivery.
4. Who is your target market? Who do you think will buy your product or service?
l The fast food products from the MOUTH-WATERING mostly target to the
young people. These individuals below the age of 30 years. Young people are
interested in enjoying fast food items especially students at school when they
walk around the town. Most of the young people are in college and some
1
already in the workplaces. They find it that is convenient to relieve their
hunger and quench their thirst by simply having a bite of the fast food
products from various menus in the city centers and nearly universities.
5. In which Canadian province and city are you going to set up your business? In
other words, where is your business’s “home”? (The business must be located in
Canada, but not in the province of Quebec, because this course is primarily about
Canadian common law.)
l Halifax,Nova scotia,Canada
6. Where will you do business? In other words, will all your customers be in your
business’s home province, or might some of them be outside your business’s
home province? Explain.
l The majority of my clients will be in Halifax because I am studying in Halifax
who familiar this city. This business will begin with gradual expansions within
the city. The targeted customers will be people working and studying from
within the city. The customers will comprise both the ones who chip in and
those who request for product deliveries to their place of work or school.
7. Will you have any physical locations (for example, any retail stores, distribution
facilities, warehouses), or will you operate only from home? Explain.
l There will be a physical location where it will be located in downtown, such as
Spring Garden Road in Halifax in order to attract more business.
8. Is your business regulated primarily by the Canadian federal government or by
the provincial government? (If you’re not sure about this, review the “Division of
Powers” section on pages 13-14 of Chapter 1. You may also have to do some
online research. Hint: Most businesses in Canada are regulated primarily by the
provincial governments.)
2
l Yes, it does. It is regulated primarily by Canadian federal and Nova Scotia
provincial legal jurisdiction. It would commence its operations after meeting
all the business compliance as stated in the Canadian constitution.
9. Based on your answer to questions 5 and 8, are there any laws in your home
jurisdiction that regulate your specific industry? (For example, a lawyer is
governed by provincial laws about the legal profession. An airline is governed by
federal laws governing airlines. Remember: This question is about laws that
govern ONLY your SPECIFIC industry. You may have to do a Google search to find
the answer to this question. Many industries do not have a specific law that
governs them, so your Google search may produce no results.)
l Yes, there are. On October 14, 2005, of Nova
Scotia was officially established which is a provincial law about the food
safety. The federal laws require in Canada with .
Part B
10. Identify five different contracts into which your business will need to enter in
order to operate. Include the purpose for each contract (e.g. receive supplies and
services, protect against a liability, mitigate some risk, etc.). (Contracts generally
are covered in Part 3 of the textbook, but you won’t find the answer to this
question in the textbook because the answer depends on your specific business.)
l The first contract is the employment contract which will be a legal agreement
to establish employment relationship which will set out the terms and
conditions of employment including working hours, basic pay and bonuses;
also it explains clearly job requirement and compensation.
l A second type of contract is with customers which really reflect the
experience on the network platform; also, it can provide the satisfied high
quality food in order to check the products and reduce the consumer
complaint.
3
l A third type of contract is a non-disclosure agreement with suppliers or
dealership to prevent any leakage of confidential information which will be
used to protect the brand name Mouth-Watering as a trademark to avoid
exploitation by other businessmen, especially in regards to some signature
dishes; also, it can make sure offer the high quality products to reduce the
food risk management.
l A forth type of lease contract with rental owners will be used to lease the
property and will involve the landlord and the persons acting on behalf of the
business, it can eliminate or reduce the risk of rent increase and leaseback
that can ensure that the house is reasonably and legally used during the
contract time.
l The fifth type of contract with bank or financial institution that can be used to
borrow loans for financing activities of the business and will indicate the
terms of repayment, which can be reasonable and effective management of
company assets to guarantee company interests.
11. For each contract you’ve identified in question 12, what is the major legal risk
for each contract, and what clause(s) will you try to include to protect yourself
from that legal risk? (Contractual risks are identified throughout Part 3, but see
especially Chapter 10 on defects, Chapter 11 on breach of contract, and Chapter 9
on standard contract clauses.)
l Legal risk: Employees may be harm or injury resulting from activities in the
business.
Contract clause: By signing the contract, you agree to be employed and
comply with working hours and welfare regulations, which require employees
to have a valid health insurance policy that covers work-related injuries.
l Legal risk: People may be the misrepresentation of Mouth-Watering brand.
Contract clause: 1) Clause that states all people legally representing MouthWatering will be made known to any party through official ways from MouthWatering by appropriate communication or media. 2) we cannot offer the
return policy to consumer about the food.
l Legal risk: Employees disclosed the company’s signature dishes to other
business.
Contract clause: In a non-disclosure agreement that employees engage any
consultants and third parties in order to employees will bear all the losses of
the company and terminate the employment relationship.
4
l Legal risk: The leaking ceiling of the house caused the company to be unable
to open.
Contract clause: This clause that landlord should check and maintain the
integrity building where Mouth-Watering cannot engage business activities,
and landlord responsible for repairing all expenses.
l Legal risk: Mouth-Watering may lack of funds using the loan and bank
disclose company information.
Contract clause: Banks issue loans on time and guarantee the protection of
customer information for any other business reason.
12. Will your …
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