BLAW511 International Business Law and Ethics

Fall 2020

Session 8
WRITTEN ASSIGNMENT
Submission date: 8h30 on Wednesday, 18 November 2020

INSTRUCTIONS
Review the Sample Independent Contractor Agreement in Part 5 of the slides for today’s
class posted on YouTube (slides with audio commentary) or in Class Materials in the Files tab
on Teams (slides only).

Answer ALL of the following questions:

You operate a small digital marketing business as a sole trader (individual/independent) in

France. You offer services to foreign companies who wish to market their products and
services in France. You have been approached by Dodo Designs LLC (Dodo), a clothing
design company based in Montreal, Canada, which wants to establish retail outlets in France.

Dodo wants to hire you to provide marketing services for its operations in France, and gives
you the Independent Contractor Agreement to review.

1. Why do you think that Dodo wants to engage you as an independent contractor? You
should explain the main differences, in law, between an independent contractor and an
employee.

2. If there is a dispute between you and Dodo in the future, how will a court determine
whether you will be treated under the law as an independent contractor or an employee?
Explain your answer.

3. Select 4 clauses in the Independent Contractor Agreement and identify:

(a) whether the clause is ‘pro-Client’ or ‘pro-Contractor’ (or both);

(b) the legal purpose of the clause: e.g. what rights and obligations are given to the
parties (the Client or the Contractor) under the clause?