Business Law Assignment: Case Studies, Analysis, and Legal Principles

This Business Law assignment presents a comprehensive analysis of several case studies, covering a wide range of legal principles. The cases delve into contract law, examining issues such as misrepresentation and the formation of enforceable agreements. The assignment further explores employment law, including wrongful dismissal, employee contracts, and the responsibilities of employers. International business law is also addressed, with a focus on international contracts of sale and the responsibilities of buyers and sellers. Additionally, the assignment examines environmental law, specifically the tort of nuisance and its implications for businesses. The document provides detailed arguments for both sides of each case and renders decisions based on the application of relevant legal principles. The assignment highlights key concepts and provides practical insights into the application of business law in various scenarios, offering valuable insights for students studying business law.

Running head- BUSINESS LAW
Business law
Name of the Student
Name of the University
Author Note

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Answer to 1
The nature of the purchaser’s claim is based upon the mistake, and the
misrepresentation conducted on the part of the Winter Snowmobiles Inc. for not selling the
correct order and instead provide the purchaser the wrong one.
Argument:
Purchaser: The purchaser can claim the money back as it was a misrepresentation of the
models by the Company. The purchaser wanted to buy the model that was demonstrated at
the fare. It was undeniable that any person shall opt for a model that is kept with the other
models of the Company, not in a separate portion. Moreover, the purchaser provided the
credit card in order to purchase for the new model, so he shall be entitled to claim the money
back.
Snowmobiles: The shall not be liable to compensate the purchaser as conditions of the
contract were not adequately fulfilled. Although the purchase provided the credit card, he did
not mention it explicitly regarding which model he wanted to buy. So a contract cannot be
established with obscure facts.
Decision
Hence, the elements of the contract were not complete, and it is evident that the
purchaser did not specify the model (Fridman 2014). The price he paid could be the price for
the used model. Hence the Company shall not be liable to pay the purchaser back.
Answer to 2
An employee can be dismissed on the grounds of a just cause without any notice
being served in cases where there is a breach in the contract of the employment by the

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employee. Other factors include any crime conducted that is against the employer,
incompetency, negligence, and insubordination. It further consists of any kind of behavior
that has affected the reputation of the employer upon showcasing the facts that there is the
presence of verbal abuse or any other kind of ill-treatment by the employees to the passengers
or the customers. It showcases the negligence of the duty by the employee. Under these
scenarios, an employer can dismiss an employee for a just cause without serving any notice
(Willes 2014). In the given case, the videos of Betty included few things that we are
showcasing the negligent behavior of the employees, such as spilling drinks over the
passengers and the stampedes faced by the passengers due to late arrivals. These videos were
clearly shown, casing her as the employee of the airlines due to the uniform and other blogs
showcasing the work. In that case, the videos that she called funny were actually showcasing
the ill-treatment with the passengers that may affect the Company. So she can be dismissed
by the employer upon these grounds.
Answer to 3
Both the parties possessed the contract of employment and had the presence of the
master-servant relationship. The Local delivery LTD was the servant, while the Margo was
the servant. In a contract of employment, the master-servant relationship may differ. It can be
between an employer and an employee or an employer and an independent contractor. In this
case, the position of the Local delivery Ltd. was of the employer, and the position of Margo
was more of an independent contractor. Although Margo claimed to be the employee of
Local Delivery Ltd. By using the organization test aids, the difference between an employee
and an independent contractor can be understood. An independent contractor also conducts
their work through contracts that possess will as to how the contract be executed and also and
have their employees (Lewin and Gollan 2012). In such cases, the employer is vicariously

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liable over the independent contractor and entitled to serve the notice for the dismissal. In this
case, the Company served the notice as per the provisions, and the nature of the act Margo
was employed for was an independent contractor to assist the delivery only. In that case
Margo shall not be considered as an employee and the notice served by the Company is just.
Hence Margo cannot claim to be an employee of the Company.
Answer to 4
This case shall fall under the purview of the International Contract of the sale. In this
case, four elements are essential to establish the duties and the liabilities to be governed under
the act. It consists of the four primary documents that are the contract of the sale between the
parties, the bill; that shall be received upon the landing. The contract of the insurance and the
invoice. It shall also include the guarantee of the products that are exported. The Seller can
take the position of responsibly fulfilling all the duties he was liable to do. As the Seller has
furnished the essential documents required in the export. Whereas the Buyer can take the
position that is was a duty of negligence by the Seller as the Captain of the ship was an
employee of the Seller, so it was his duty of care to provide the correct item. Infarct the
Company failed to provide the guarantee (Oliphant and Nolan 2017). So, in this case, the
Buyer is entitled to get the damages, and the Seller shall be liable to refund the money
provided by the Buyer.
Answer to 5
According to the claim for the tort of a nuisance a person can claim for the damages
occurred to them by any party in regards to the facts that it caused pollution of any stream,
river or water bodies, polluting the soil, causing pollution due to the release of particles and
smoke or due to extreme noise (Benidickson 2016). In this case, the act of Erhart released

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1000 liters of the oil into the groundwater, causing the contamination of the groundwater,
which affected the crops. So it was the strict liability upon Erhart in order to handle the
bulldozer so that it shall not affect any other thing. However, due to his act, oil got spilled,
and when he possessed that instrument, it was his duty to regulate it properly without causing
harm. So in these cases, the present owner is stated to be liable for the conduct of the act. In
the given scenario, Erhart shall be made liable for the losses faced by the bottling company,
and it was upon the strict liability that when he possessed something that may induce harm,
he shall regulate it so that there shall be no harm out of that. The owner of the farmhouse
employed him for that purpose, so it was his liability to look into the action by not inducing
harm.
Answer to 6
The main issue that was noticed in the case was in terms of the employment contract.
As per the company policies, it stated earlier to remain open for all the business days. That
meant that the store was open for Mon-Satt, and all the employees working on a full-time
basis were asked to work for six days in a week with the working for 2 Saturdays every
month and including the week offs when Saturday was scheduled (Canada Business 2020).
The terms of the employment between both of them were based upon these grounds. Laura
entered into the Company as a full-time basis upon agreeing to the conditions. She was
entitled to get the terms as per fixed upon the 6 days rule and following that she was entitled
to get the 2 Saturday leave. It was her own choice to join the religious group that operated on
Saturday only. So the Company shall not be made liable to provide her the leave.
Nevertheless, The Company shall have provided the notice for the termination of the
employment. Without serving proper notice, the employer cannot terminate its employees.
Hence in this case, where the employer does not have provided reasonable notice upon the

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termination of the employment, the employee can be liable to get the compensation upon the
termination without any notice.
Answer to 7
a) In regards to the fact that Alyssa wants to continue her stay in the apartment, she shall
first renew the contract by initiating a notice showing the intent to extend her period.
Moreover, upon the acceptance of the owner, the terms may be renewed along with
the contract. The lease agreement must be renewed in order to extend the stay of
Alyssa. In order or that she will not be eligible to stay in the house or continue her
stay, she does not renew the lease agreement. Upon the renewal of the agreement, she
shall only continue to stay and not before the renewal. In a case where she does not
sign a new one year contract, she will be considered as an unwelcome guest, and a
trespasser and her stay in the apartment shall not be considered lawful. Hence, in
order to possess the legal right of the apartment, a new contract of 1 year shall be
formulated.
b) In a situation where the landlord wants to or possess the intention to increase the rent
of the house, he shall first have to communicate such intention with Alyssa and
mention it clearly into the terms of the agreement. Without communicating about such
intention in a written way in the agreement, the landlord will not be able to impose the
decision upon Alyssa for the increase. In the case where she agrees with the terms
mentioned and with the fact of the increased rent, then only the landlord will be able
to impose it upon them. In cases of contract, few things are essential such as a proper
offer and acceptance. Both require to be fulfilled for the contract or the agreement to
be valid. Moreover, in a scenario where she refuses on the term them, either the
landlord can counteroffer or deny the contract with her.

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c) In a case where the landlord sells the house to another buyer, the Buyer shall not be
able to evict the tenant unless he has served a notice to Alyssa, providing her the time
for the eviction as per the days prescribed under the law. In order to re-rent the
property, the new Buyer shall first provide a notice to the tenant for the eviction for
the time as per mentioned, and after the tenant has vacated the place, the Buyer will
be eligible to re-rent the space.
d) No, the Buyer cannot evict the tenant even if he wishes to move into the house and
use it as his personal property. In that case, also, the Buyer shall have first to provide
the notice of eviction to Alyssa, and upon serving the notice period, the Buyer will be
eligible to move into the house, not before that.
e) In that case, also she shall first renew the lease as per the laws of her jurisdiction in
order to be legally eligible over the property even as a tenant. So for that, she shall
apply.
f) In a scenario where Alyssa had a roommate, and they both signed the agreement as a
joint tenant, then she shall be made liable to pay the full amount. As in cases of joint
agreement where these are the incapacity of another person, the other joint owner
must provide the guarantee and pay the costs. Even in the situation where they both
have joined as a common, then also it falls upon the liability of Alyssa, where the
other roommate was not paying the amount.
g) Yes, the landlord shall be legally entitled to do this as the landlord has informed about
the intention and wanted to know the opinion of Alyssa and would act upon her
agreement and not against that. Even the expiration was to be in April, and the
landlord mentioned her intention before 30 days that is considered lawful.
h) Yes, the landlord shall be lawfully entitled to impose the conditions of the agreement
and ask her to pay the money and the security deposit in advance.

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i) Yes, Alyssa shall be liable to get the notice as in her presence, any intruders shall not
be liable to visit the place as a matter of breach of privacy (Solove and Schwartz
2014).

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Reference
Benidickson, J., 2016. Environmental Law. 8th ed.
Canada Business, 2020. Regulations — Canada Business. [online] Canada Business.
Available at: <https://canadabusiness.ca/government/regulations/> [Accessed 4 April 2020].
Fridman, G., 2014. The Law Of Contract In Canada. 5th ed. Toronto, Ont.: Carswell.
Lewin, D. and Gollan, P., 2012. Advances In Industrial And Labor Relations. Bingley, U.K.:
Emerald.
Oliphant, K. and Nolan, D., 2017. Tort law: text and materials. Oxford University Press.
Solove, D.J. and Schwartz, P., 2014. Information privacy law. Wolters Kluwer Law &
Business.
Willes, J., 2014. Contemporary Canadian Business Law. 5th ed. Toronto: McGraw-Hill
Ryerson.