This article discusses the methods of offer and acceptance in legal study with three case studies. It covers the relevant rules, analysis, and conclusions of each case. The article also provides a reference list for further reading. The subject is legal study, and the course code and college/university are not mentioned.
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Running head: INTRODUCTION OF LEGAL STUDY Methods of Offer and Acceptance Name of the Student Name of the University Author Note
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1 INTRODUCTION OF LEGAL STUDY Table of Contents Statement on question 1...................................................................................................................2 Main facts:...................................................................................................................................2 Rule:.............................................................................................................................................2 Analysis:......................................................................................................................................2 Conclusion:..................................................................................................................................3 Statement on question 2...................................................................................................................3 Main facts:...................................................................................................................................3 Relevant rule:...............................................................................................................................3 Analysis:......................................................................................................................................3 Conclusion:..................................................................................................................................3 Statement on question 3...................................................................................................................4 Main fact:.....................................................................................................................................4 Rules:...........................................................................................................................................4 Analysis:......................................................................................................................................4 Conclusion:..................................................................................................................................5 Reference:........................................................................................................................................6
2 INTRODUCTION OF LEGAL STUDY
3 INTRODUCTION OF LEGAL STUDY Statement on question 1 Main facts: Considering the case study, it can be stated that Laura has posted one painting in the social media that she has purchased from a local artist. In the uploaded file, it has been mentioned by her that she has bought the painting. The issue that cropped up in this case is whether Laura has breached any provision of Copyright Act or not. Rule: There are certain legal provisions that protect the tangible and intangible property of a person. The term intangible denotes the property that could not be seen or touched. Intellectual properties are the instances of intangible property. Various rights are there to secure the creation of the creator. Copyright is one of them. According to Canadian Copyright Act, copyright provides certain exclusive rights to the original creator and penalties will be imposed on any person who uses the creation without the consent of the creator for any illegal gain (Geist 2015). However, according to the Canadian Copyright Act, if the creator sells the creation to anyone, all the rights will automatically transfer to the buyer. Analysis: In this case, Laura has bought the painting of Marisa and therefore, all the exclusive rights of Marisa had been transferred to Laura. Therefore, she can upload the painting. Further, she has stated that she has bought this. It assists her to enjoy all the possible right belong to the painting.
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4 INTRODUCTION OF LEGAL STUDY Conclusion: Laura has not made any breach to the provision of copyright. Statement on question 2 Main facts: It is a sheer case of copyright infringement. In this case, the original creator of a play has recited the same to his brother and his brother has stolen the concept of the play, given it to a drama company, and earned money from that. Relevant rule: Considering the Canadian law of Copyright, it can be stated that if a person steals or copy the art or work of other and earn profit from that intellectual property, he will be held for breaching the provision of exclusive right of the creator and will face penalties for that (Freud 2015). Analysis: It has been clearly mentioned in this case that the brother of the original creator has not obtained any permission and sell the play to a drama company. It has also been observed that he gains profit from it. All these attract the provision of the Copyright infringement. Conclusion: The brother has infringed the provision of the copyright.
5 INTRODUCTION OF LEGAL STUDY Statement on question 3 Main fact: It is a case of sexual harassment. The term sexual harassment is criminal in nature and it attempts to outrage the modesty of a woman. It is of different types based on the circumstances of a case. In this case, Joey has asked for date to Pacey for many times and was refused each time. However, he did not stop asking for date and this activity comes under the scope of sexual harassment as the proposal is against the will of Pacey. Rules: According to the Criminal Code of Canada, sexual harassment is grave in nature and it is done for sexual purpose. One of the essentials of sexual harassment is that it must be taken place against the consent of the other person. Further, there are two kinds of sexual harassment present such as quid pro quo sexual harassment and hostile environment sexual harassment. Quid pro quo is taken place for grabbing a position or post. It is mainly observed in work places. In case of hostile environment sexual harassment, sexual comments and requests are made and the conduct should be unwelcome in nature (Dahlqvist et al. 2016). Therefore, it can be stated that the nature of current harassment is belongs to the second type of sexual harassment. Punishment for sexual harassment has been mentioned under section 271 of the Criminal Code, Canada. Analysis: It is clear from the case that Joey had asked for date on several occasions, but all the attempts were in vain. He got refused each time. The refusal made by Pacey clarifies the thought that all the proposals are made against her will. Therefore, it can be stated that the activity of
6 INTRODUCTION OF LEGAL STUDY Joeycomesunderthepurviewof sexualharassment.Further,consideringthenatureof harassment, it can be stated that it is an example of hostile environment sexual harassment. Conclusion: Joey is liable under the provision of sexual harassment.
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