Small Claims Court Offers Several Advantages

CANADIAN AND INTERNATIONAL BUSINESS LAW

Overview

Students will use the facts provided in the problem, their learnings in the course and research to complete the project. 

Evaluation

• Each question has different requirements. Generally, answers must:
  • Satisfy the requirements of the questions.
  • Where required, accurately state the law or principle.
  • Provide thorough analyses and explanations.
  • Make appropriate use of secondary sources, case law and legislation where required.
  • Present clear and logical arguments.  The reader can easily follow the line of reasoning.
  • Coherent, clear and concise writing.
  • Adheres to principles of grammar and appropriate use of punctuation.
  • Well-organized presentation.
  • References follow APA formatting guidelines.

Each of the problem has a designated number of marks and a maximum word count.  The maximum word count is not a required word count. Some problems have specific questions that require answers. Other problems require an IRAC (Issue, Rule, Application, Conclusion) analysis. Instructions on how to complete an IRAC analysis will be provided separately.

You will need to do external research for some of the questions.  If case law or legislative research is required, it will be noted in the question.  Otherwise, the text, lectures, other secondary sources, information on government websites and articles should be used.

Hints and Tips

• Please pay close attention to what the question asks of you and answer it. Also, pay attention to the instructions. If the question does not indicate that you need to do additional research to answer the question, you should be able to answer the question using course materials (i.e., the text and lectures).

• Use headings. This helps the reader understand the organization and flow of the paper.
• There is rarely, if ever, a need to use an exclamation point in academic writing. Do not do it.

ASSIGNMENT

Introduction:

Mark is a senior software engineer at a video game design company based in Vancouver, B.C.  The company, DigiPlay (DP), is very successful with numerous popular titles and services.  Over the last few years, its growth strategy has shifted to a service model rather than relying on titles. DP’s head office is in Vancouver and has offices and development campuses globally.

Mark has a Master of Science degree from UBC.  He has worked at DP since he graduated from the UBC program eight years ago. He received a work experience opportunity while in the MSc program and was offered a position after graduation.  DP is a good company to work for. It pays well and has many perks, including stock options, education opportunities, and progressive leave arrangements. Mark has done very well at the company, has always received glowing performance reviews, and now manages a team of five engineers.

Part A

Problem 1: Mark recently moved into a new condo in Vancouver. He hired a moving company to move his belongings. Unfortunately, during transport, some of his belongings were substantially damaged.  Included in the damaged property were some antique pieces of furniture and art that Mark’s grandmother had left him when she passed away.  The moving company was not accepting responsibility and said the property was damaged before the move. Mark wants to sue the moving company for the damage to his property and seek compensation.  He estimates that the damage has resulted in approximately a loss of $35,000 - $40,000.

Mark is good friends with Katie, a lawyer in DP’s legal department.  Mark does not want to pay for a lawyer and will handle the lawsuit himself. Even though Katie specializes in intellectual property law, she agreed to try and answer Mark’s questions about the legal process.  Over lunch, Mark asks for advice on the following question.

1. In what court should Mark file the lawsuit? What are the pros and cons of each court?
2. How does he start a lawsuit? What documents are required, and what information is needed for the document?
3. After he starts the lawsuit, what is the next step he must take?
4. What are his obligations concerning document disclosure?

(20 marks; Max 1000 words)

Problem 2: Katie is working on a potential liability problem with the senior lawyer at DP. A security risk in one of DP’s games has arisen in the last few months. There may be a defect in the programming that could allow hackers to access the user’s personal information. With the assistance of a team from various divisions, Katie’s boss has asked her to prepare a memo for the VP responsible for the security division. Katie’s boss asks her to include the following in the memo:

1. Name and explain the different forms of risk management that DP can employ.
2. For each form of risk management, list two options that DP could undertake. For each option, analyze the pros and cons and its impact on the business.

(20 Marks; Max 1000 words)