answer 4 short answer questions based upon L a w
This assignment will evaluate your understanding of the first 4 weeks of material, being the topics on: the Canadian Legal System, Negligence, Introduction to Contracts, and Elements of the Contractual Relationship. The first 4 weeks slides are attached.
The purpose of this assignment is to evaluate your ability to understand, apply, and reason through these concepts in relation to a case. You will be marked on your reasoning and the quality of your writing.
This assignment asks you to answer 4 short answer questions based upon the case excerpts from Jones v. Tsige 2012 ONCA 32. You will find the case summary you should reference attached.
Each question is equally weighted. All answers should be typed, in full sentences and 1.5 spaced. You will be graded on the quality of your writing and reasoning.
Each answer should be between 100-400 words. Focus on what is asked of you in the question.
Links have been provided in the excerpts to the decision as well as the prior decision by the Ontario Superior Court of Justice. Where you see […] it indicates that material has been removed.
No direct quotes or citations should be used in your answers. If you choose to quote a case, please limit the quote to one sentence, and be sure to cite the case appropriately after by putting the case name in brackets afterwards. Aside from this, everything should be in your own words.
- The decision of the Ontario Court of Appeal relies upon a variety of sources of law. Identify two sources of law relied upon by the court and identify their weight in decision making. Are they binding or persuasive? (25%)
- In the Court of Appeal’s decision, at para. 4 Sharpe J.A. noted that Tsige “did not publish, distribute or record the information in any way.” Should this matter when it comes to liability? Should it matter when it comes to damages? (25%)
- Explain how this case helps us understand how the common law evolves. In supporting your argument identify one case that we have discussed in class that illustrates how the common law evolves. See Sharpe J.A.’s comments at paragraphs 66 and 67 (25%)
- What does this case tell us about concerns that businesses need to consider when addressing how they handle sensitive information? (25%)