Business Law Assignment: Valid Contract, Breach, Remedies, Intellectual Property, Defamation, Liabil

Questions for Part 1

Questions for Part 1

1. Is there a valid contract between Kathryn and RENOS? Provide an explanation with reference to the elements for a valid contract.

2. Did RENOS breach the contract with Kathryn? If so, how was it breached?

3. Assuming there was a breach, what remedies are available to the innocent party?

4. Kathryn received an invoice from RENOS which was in excess of the amount provided for in the contract. Despite Tom’s verbal assurances that the costs for obtaining the permits and rezoning of Kathryn’s home were included in the contract, the invoice contains additional charges for these items.
(i) Is Kathryn required to pay this amount? What arguments can Kathryn make that she is not liable for these amounts?
(ii) What problems or obstacles does Kathryn have with her argument? Provide a full explanation of the problems.
(iii) Who would be the Plaintiff and who would be the defendant?
(iv) Who would be successful? Why? Be sure to cite any cases that may apply.

5. Is the contract between Kathryn and Davinder valid and enforceable? What, if any,arguments would be made against enforcement? (4 marks)

Questions for Part 2

1. What form of intellectual property are the marketing plans created by Kathryn? Explain with reference to the relevant criteria. Who owns them?

2. Kathryn wants to protect the name of her business and the slogan. How should she do this? What steps must be taken for her to obtain the best protection for these things?

3. The letter from JG Jones’ lawyer refers to alleged defamation by Kathryn. What form of defamation would it be? In order to be successful, what does JG Jones need to prove? Does Kathryn have any possible defences?

4. Kathryn is worried about any potential liability to Casey Clutzy. What, if any duty, does Kathryn have to Casey? Did Kathryn fulfill her duty? What liability, if any, does Kathryn have to Casey? Are there any defences that Kathryn can use?

5. Kathryn noticed, when buying furniture from Joey Johnston, that there was a bankruptcy sign in the window of his business. Kathryn has received a letter from a lawyer on behalf of a trustee in bankruptcy inquiring about her purchase of the furniture. Kathryn discovers that the furniture was owned by Office Overstock Ltd. which was owned by Joey. What possible issues could Kathryn have regarding the purchase of the furniture? Use the appropriate terms when describing the issues. What would be an appropriate remedy?

6. Kathryn and Joanne must consider which type of business they wish to form. Please provide a detailed examination of the relevant business forms, including a description and an examination of the advantages and disadvantages of each for form. Which form would you suggest they use and why?