What determines whether or not Lena could sublet to Maya?

Short Answer Questions – 8 marks each

Please refer to the relevant legal concepts, terms and principles in your answer. Define and explain any legal concepts, terms and principles that you use. You do not need to use the Legal Issue, Rule, Application and Conclusion method.

1. Lena entered into a two-year lease with Nadine, the landlord, to rent a small workshop. Once the lease was made, Lena promptly sublet the workshop to Maya. Maya damaged one of the windows in the workshop.

A) What determines whether or not Lena could sublet to Maya? (2 Marks)

B) Is Lena liable to Nadine for the damaged window? Why or why not? Be sure to include an overview of the applicable law and key definitions in your explanation. (6 Marks)

2. Lisa is a handbag designer in Toronto. All her handbags have a distinct logo that represents Lisa’s commitment to the quality of her products. Lisa discovered that Nancy has been selling poor quality handbags with Lisa’s logo in Toronto. Advise Lisa of her rights, if any, and define the key relevant legal terms. Note that marks may be deducted for including non-relevant law.

3. In 2015, Ben, at age 50, was hired as the general manager of the Main Street Shipping Company by Lee, the company president. In January 2021, for no apparent reason, Lee called Ben into his office, and told him his services were no longer required and Ben was terminated immediately. Lee offered Ben a week’s salary as “severance pay.” At the time of termination, Ben was earning a salary of $70,000 per year, received company paid pension contributions of $5,000 annually, and, in 2020, had received a $5,000 bonus for good performance of Ben. Explain the relevant law and advise Ben of his rights, if any.

4. Charlie created a corporation called BBB inc. and was its sole officer and director. Charlie’s plan was to use BBB to buy some commercial real estate to lease to businesses. BBB’s first purchase was made with a loan from Charlie to BBB for $100,000 and a mortgage from Northwest Bank to BBB for $400,000. The mortgage was registered by the bank. The purchase was a small building on a busy street with retail on the main level and a workshop on the upper level.

BBB leased the space to Bike Bros, a bicycle sales and repair company. The lease was for a 3-year term. Bike Bros was a partnership formed by two friends, Mike and Dave. Bike Bros spent a lot of money on the interior of the store, buying repair equipment, and purchasing inventory.

After about a year in business, Bike Bros started running out of money. As a result, Bike Bros started falling behind on its rent. At first the rent was just paid late, but then only partial amounts were being paid. Eventually, Bike Bros owed BBB $20,000 in late rent.

A. If Mike and Dave decided to give up the business, could they sell off their remaining inventory, divide the money, and not repay BBB (state yes or no and explain your answer)? (2 Marks)

B. If BBB stopped paying its mortgage with Northwest because Bike Bros stopped paying its rent, what could Northwest do to recover its loan? (2 Marks)

C. Assume that Bike Bros packed up all their equipment and left town after 14 months. Charlie managed to find a new tenant one (1) month after Bike Bros left at the same lease rate. Can Charlie sue Bike Bros for the rent for the remaining term of the lease? (1 mark)

D. Assume that Charlie wanted to get out of commercial real estate and decided to sell the building. If the value of the building had fallen and it was only worth $400,000, could he pay himself back the $100,000 loan first and leave Northwest with the loss on its loan? Who would have priority to the proceeds of sale? (2 Marks)

E. Assume Charlie sold the building, repaid Northwest, and filed to dissolve BBB. If property taxes were still owing by BBB to the government, could the government sue Charlie personally? (1 Mark)

Short cases – 20 Marks each

Please refer to the relevant legal concepts, terms and principles in your answer. Define and explain any legal concepts, terms and principles that you use. You can use the Legal Issue, Rule, Application and Conclusion method to help you organize your answer.  

Case # 1

Jenny entered into a building contract with Mandy under which Jenny agreed to construct a garage on Mandy’s lot for $60,000. True North Lumber Supply Company supplied the lumber for Mandy’s garage at Jenny’s request.  Jenny did not pay True North Lumber before True North Lumber delivered the lumber. Jenny failed to pay for the lumber within a few weeks after it was supplied. The debt was $6,000.

A.  What area(s) of law does this question relate to? (2 marks)

B. Is Truth North Lumber a party to the contract between Jenny and Mandy? (2 marks)

C. Advise Truth North Lumber of its position as a creditor including how Truth North can attempt to get its $6,000. (10 marks).

D.  Mandy has not paid Jenny the cost of constructing the garage ($60,000) as the payment due date is a month from now. Please advise Mandy of her obligations (if any) in relation to True North Lumber Supply Company. (6 marks)

Case # 2

The Ontario government decided to widen Highway 401. The highway project would be carried out in three (3) phases: phase 1, phase 2 and phase 3. Therefore, the government issued three (3) separate calls for tender (also known as calls for bid) i.e., a call for tender for each phase.

There were five (5) road construction companies in the region qualified to bid on the projects: Avery Ltd, Benson Ltd, Cohen Ltd, Dixon Ltd and Enrique Ltd.

The senior executives of Avery Ltd, Benson Ltd, and Cohen Ltd were long-time friends. They communicated on a regular basis and were determined to keep out smaller start-up companies from competing with them for government contracts. During lunch at a restaurant, the senior executives from Avery Ltd, Benson Ltd and Cohen Ltd agreed verbally that only one company would bid and then the work would be divided amongst the three contractors. Further, they agreed that Avery Ltd would submit a bid for each call. Each bid would not mention Benson Ltd and Cohen Ltd.  

Dixon Ltd and Enrique Ltd. were start-up construction companies. Both companies had limited financial resources. Dixon Ltd and Enrique Ltd. decided to submit a bid together for each call for tender. In each bid, it was noted that Dixon Ltd and Enrique Ltd were working together.

The results for each call are summarized below:

  • Call for tender # 1: Avery Ltd was the successful bidder
  • Call for tender # 2: Dixon Ltd and Enrique Ltd were the successful bidder.
  • Call for tender # 3: Avery Ltd was the successful bidder.

The auditor for the Ontario government decided to review the bids as part of a routine audit of all government highway contracts. During the review, the auditor noticed that Benson Ltd and Cohen Ltd did not submit any bids despite the fact that they were known to be established construction companies in the region. Then the auditor received a tip from a former employee of Cohen Ltd about the verbal agreement between Avery Ltd, Benson Ltd, and Cohen Ltd.  This former employee also heard the executives from Avery Ltd, Benson Ltd, and Cohen Ltd discuss their plan to “drive Dixon Ltd and Enrique Ltd out of business.” As well, a disgruntled former employee from Dixon Ltd alleged Dixon Ltd and Enrique Ltd were “colluding together” in all the calls for tender.

Advise the auditor of the following:

A.  Which statute is intended to preserve or promote competition in the marketplace? Is it a federal or provincial statue? Which public body is responsible for investigating of any complaints under this statute? (3 marks)

B.  Did Avery Ltd, Benson Ltd and Cohen Ltd do anything illegal? Why or why not? (13 marks)

C. Did Dixon Ltd and Enrique Ltd do anything illegal? Why or why not? (4 marks)

Case #3 – 28 marks

Please refer to the relevant legal concepts, terms and principles in your answer. Define and explain any legal concepts, terms and principles that you use. You can use the Legal Issue, Rule, Application and Conclusion method to help you organize your answer.  

Ace Corporation owned a parcel of vacant land on which it stored its construction equipment. The land was not large enough for the requirements of the company. When the adjoining landowner, Carl, expressed a desire to purchase the vacant land from the company, the directors informally considered the offer and agreed to sell the land for $150,000.

According to the Corporation’s by-law, major business transactions must be approved by the board of directors. The board operated on a majority rule basis. All the officers are authorized to bind the corporation in contract.

No directors’ meeting was held to formally deal with the matter. However, the Chief Financial Officer, Bob, on the basis of the informal agreement amongst the directors, contacted Carl and advised him of the price. The price was acceptable to the purchaser, so the Chief Financial Officer, Bob, then drew up a written purchase agreement that he signed on behalf of the corporation in his capacity as Chief Financial Officer. Carl also signed the document.

The directors later decided not to carry through with the sale, and Carl brought a legal action against the corporation for specific performance of the contract.

Ace Corporation and Carl reside in Ontario.

A.  What is the name of the legal document that must be filed by the Ace Corporation to respond to Carl’s action? (2 marks)

B. What defences might be raised by the corporation in this case? What legal concepts or principles are involved? (9 marks)

C. What is the likelihood that Ace Corporation’s defences would be successful? Why? (8 marks)

D. Assume Carl was Bob’s cousin. Did Bob have to disclose this relationship to Ace Corporation’s directors? Why or why not? (3 marks)

E. Ace Corporation’s shareholders were extremely unhappy about the legal action initiated by Carl. They blamed the board of directors for mismanaging the corporation. Please provide two (2) examples of rights or actions that shareholders can take in order to influence the operations of a corporation. (6 marks)

find the cost of your paper

Compare and contrast the self-cultivation philosophies in Buddhism and Yoga

Compare and contrast the self-cultivation philosophies in Buddhism and Yoga, especially the Buddha’s Eightfold Path and Patañjali’s Eight Limb Program (making clear the similarities and differences). Then explain what contemporary….

Grantee Organization, Project Staff, and Other Project Resources

VI. Grantee Organization, Project Staff, and Other Project Resources:  a. Describe the qualifications of the grantee organization to conduct the project. b. Provide a brief description of the project director, staff,….

Perform a journal article search on “developing products and services”

Perform a journal article search on “developing products and services” With reference to the dimension of product design, which elements are of the greatest consideration: Does the product meet customer….