Possible Ethics Questions and Case Studies

Ethics Question #1

One of the following two Ethics questions will appear on the exam.  

You will not know until you start the Exam which question it will be.

“Canadian society is changing with the increase in vulnerable individuals, whether they are elderly or new Canadians who are not familiar with the knowledge and customs of Canadian commercial practice.  Do you think businesses such as financial institutions should have procedures in place to detect factors suggesting that undue influence has affected these vulnerable customers? “

In your response, consider course materials, define the legal concept of “undue influence”, and describe the impact of such a finding on any contract. Provide reasons for your opinion and provide at least one example.

“Exemption clauses can allow one party to escape performance or liability while compelling the other party to perform. In interpreting them, judges exercise a certain degree of social conscience. If you were a judge, what persuasive factors would enter your mind  in deciding to uphold such a clause, or to strike it down? “

In your response, consider course materials, define relevant legal concepts, provide reasons for your opinion, and provide at least one example. 

Two (2)  of the following Case Studies will appear on the exam.

You will not know until you start the Exam which Case Study it will be.

The two selected Case Studies will be copied and pasted on the Exam;  three (3) questions on the Exam will relate to each selected Case Study.

To avoid confusion, and in the event of randomization of questions, each selected Case Study will be embedded in all three questions on the Exam; in other words, the wording is the same in the Case Study, regardless where it appears, and you will not have to go back and forth in the Exam to find the Case Study. It will be included for each question; the questions at the end of the Case Study will be different.   Please read each Case Study below carefully before the Exam, and anticipate questions and answers, to save time during the Exam (all page numbers refer to 12^th ed. course textbook).

Alex the Agent

Alex was the agent for a number of professional dancers. As agent for the dancers, he would seek out work in local musical stage, television and movie productions. For his efforts, Alex received a percentage of the earnings that the dancers received for their performances. During a particularly slow season, a local theatre owner approached Alex, and suggested that they organize a special ‘theatre night’ to promote local talent in the municipality. Alex and the theatre owner agreed that admission would be charged to the public, but the performers would donate their services, since it would be a mixed amateur/professional event to promote local theatre and local talent. Alex and the theatre owner would share the proceeds from the ticket sales as payment for their efforts in the promotion of the event. Alex arranged for his clients to perform at the event, but did not tell them that he would be sharing in the ticket sales. Alex and the theatre owner worked very hard to promote the special theatre night, and it was a success. Alex and the theatre owner shared ticket sales of $20,000. Some time later, one of Alex’s dancers discovered that Alex had shared in the proceeds from the special theatre night. Advise the dancers.

Ethics Question #2

In your response, consider course materials, define relevant legal concepts, and provide reasons for your opinion.

Alexander and Betty

Alexander and Betty carry on a partnership business. Carter is an employee of Alexander and Betty. Alexander informs Delbert, a supplier of the business, that Carter is authorized to purchase goods on credit for the partnership. Carter is later discharged by the partnership, but purchases personal goods on credit from Delbert, as Delbert is unaware that Carter is no longer employed by the partnership.

Is the partnership liable for payment for the goods purchased by Carter? Explain.

In your response, consider course materials, define relevant legal concepts, and provide reasons for your opinion.

The Restaurant

Hart operated the Riverside Restaurant and Bakery Shop, which was located on a busy downtown street. The front portion of the premises contained the bakery shop, and the rear part of the building housed the restaurant. Patrons entering the building were required to pass through the store portion to reach the restaurant. In the store area, near the entrance to the restaurant, the owner had installed a number of coat hooks in a recess in the wall of the building. Employees of the shop and restaurant used the alcove to store their overcoats and hats.

Wallinsky, a stranger to the community, entered the shop for the purpose of dining, and proceeded through the shop to the restaurant area. Along the way he noticed the clothing in the alcove and placed his overcoat and hat on one of the unused hooks. He then entered the restaurant and ordered a meal. Some time later, when he was about to leave the restaurant, he discovered that his overcoat and hat were missing.

Hart denied responsibility for the loss. Wallinsky brought an action against him for the value of the hat and coat.

Discuss the arguments that the parties might raise in this case, and identify the legal issue involved. 

Would your decision differ in any way if the coat hooks were located in the restaurant beside Wallinsky’s table? 

In your response, consider course materials, define relevant legal concepts, and provide reasons for your opinion. 

The Vaccine

Assume that a pharmaceutical company in Canada, “Northern Vaccine Corporation” (NVC) patented its new and different vaccine to treat COVID in 2021. The patent has been registered in Canada and internationally.  It is a one dose vaccine, and does not require refrigeration; amazingly, the vaccine can be taken in pill form, once per year.

Case Study #1

Media reports indicate that other vaccine manufactures throughout the world have reaped significant rewards from the sale of their different vaccines, and the shareholders of NVC are pleased, and are looking forward to similar profits. To date, the NVC vaccine has sold extremely well, and there is great demand for it.

Two months ago, NVC learned that Freedomville, a small, poor, country in the southern hemisphere, is manufacturing and  distributing the NVC vaccine without the knowledge or consent of NVC. The formula for the vaccine was obtained under suspicious circumstances.

Freedomville has an extremely high rate of COVID deaths, and the President of Freedomville stated to the media, “I authorized the  production of NVC vaccine in Freedomville as we had no other option. The government makes and sells the vaccine. I must do everything I can to save my people.”

Freedomville is selling the NVC vaccine it produces to neighbouring countries for only a modest profit. In addition, when cargo ships dock at the ports in Freedomville, the ship’s crew are required to take the NVC vaccine  purchased from the government of Freedomville, and the President states,  ”We charge the shipping companies much more money for the vaccine, as we know they can afford it.”

Leading pharmaceutical companies around the world have expressed alarm at the unilateral actions of Freedomville, and have encouraged NVC to enforce its patent. “It’s a slippery slope” one CEO of a major vaccine manufacturer stated to the media, “ Today, it is NVC, but tomorrow it could be every vaccine manufacturer, and we have spent billions of dollars developing our vaccines. If such unilateral action can be taken by a country, who would want to spend billions to develop the next vaccine for the next pandemic?”

The head of the organization “Vaccines for the Poor” commented to the media  “Intellectual property laws are preventing poor countries from getting the vaccines.  People are dying because of the drug patents”.

You are the legal advisor to NVC. The shareholders and officers have demanded a meeting with you to better understand the legal and policy position of NVC. They have asked you to explain what legislation in Canada addresses patents, what the purpose of patent legislation is, and what remedies are available in these circumstances. They want to know what actions, if any, NVC should take in these circumstances.

Discuss.  In your response, consider course materials, define relevant legal concepts, and provide reasons for your opinion.

In addition to the selected Case Study above, other shorter case studies may be included in the Exam.

Bal v. Infinite Entertainment Sound and Lighting Inc., 2020 BCCRT 865

Against the backdrop of the COVID pandemic, analyze the following case:

Bal v. Infinite Entertainment Sound and Lighting Inc., 2020 BCCRT 865 (CanLII),

The case will be copied and pasted on the Exam;  three (3) questions on the Exam will relate to the case.

To avoid confusion, and in the event of randomization of questions, the case will be copied and appear in all three questions on the Exam; in other words, the wording is the same in the case, regardless where it appears, and you will not have to go back and forth in the Exam to find the case. It will be included for each separate question.   Please read the case carefully before the Exam, and anticipate questions and answers, to save time during the Exam.

Please note it is not necessary to read paragraphs 4 to 7 of the Reasons for Decision in the case, as those paragraphs discuss the jurisdiction and procedures of the court;  for our purposes, in a nutshell, this court is a branch of the Small Claims Court. There will be no questions on the Exam related to paragraphs 4 to 7.

 

 

Good Luck!