NAME: ________________________________________________

BLAW 1320 – Introductory Business Law – Winter 2021 Friday, February 12

Test 2: 1 hour 50 minutes (plus 10 minutes to do student attestation and send by email)
40 marks total - 20% of final grade. OPEN-BOOK. Please remember to use the IRAC method
to answer these questions.

IMPORTANT NOTE: Make sure you save this document with your name and student number
(e.g., Anton Kietaibl 300123456 Final Exam.docx)

The exam needs to be emailed to me by 2:30pm. Late submissions will be subject to a 10%
deduction in marks. No submissions more than 10 minutes late will be accepted. Please
email to: kietaibla@douglascollege.ca

Student Attestation
 
By typing my name below, I attest that I will not:
 have another person write the examination on my behalf;
 use any internet resources while taking the exam;
 share the exam questions or specific exam content with any other students;
 take photographs or otherwise copy the exam questions or specific exam content; and
 upload or disclose the exam questions or specific exam content to any website or
organization unless specifically authorized by my course instructor.
I further understand that breach of the examination rules may lead to disciplinary action,
including the failure of this exam with a notation placed on my transcript indicating “Failure
Due to Academic Dishonesty”.
 
Student Name:

Student Number:
______________________________________________________________________________
This exam consists of two case study questions. Each question is worth 20 marks. You can type
your answer under each question and create as many lines as you wish. Alternatively, if you
prefer handwritten answers, you can write the answer on paper, scan or photograph your
answers and email them to me.

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1. The Magic Light Bulbs Corporation (“MLB”) is in the business of manufacturing specialty light
fixtures for homes and businesses. MLB recently bought a property and factory in a deluxe
“super clean” industrial area in Surrey, BC. MLB bought this land because it needed very clean
premises for its lighting fixture manufacturing.
The Big Truck Corporation (“BT”) operated a long-distance trucking and transportation
business. BT moved in next-door to MLB just after MLB bought the land and had moved in.
The owners of MLB were getting angry because BT’s business operations interfered with MLB’s
business. BT did not have paved roads on their property, just gravel. When the big trucks drove
on the gravel, they would create lots of dust and particles that would blow into the MLB’s
factory. The dust and particles and settled on the lighting products being manufactured. These
lighting products could not be sold. This problem continued for many years. Closing all the
doors and windows in MLB’s factory did not solve the problem, since the dust still came in
through the factory fans. It was also too hot for the warehouse during the summer for the
workers with all the doors and windows closed.
In addition to this, when turning onto their property, BT truck drivers needed pull into MLB’s
driveway because the very large truck’s (18-wheel) turning radius was too wide to just turn
directly into the BT property. To prevent this, MLB installed 1-meter-high concrete blocks to try
to stop the BT trucks from coming onto the property. The BT trucks continued to turn the same
way, knocking the concrete blocks into the centre of MLB’s driveway and stopping MLB’s
vehicles from driving into its own property.

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MLB wants to sue BT. What torts have been committed in this scenario? Will these causes of
action will be successful? There is no need to discuss remedies in your answer. Just discuss
and apply potential tort actions, and relevant defences, if any (20 marks).

Add more space for your answer as required.

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This content is protected and may not be shared, uploaded or distributed.
2. Mrs. Smith is a 76-year-old woman who lives with her husband, son, and two grandchildren. 
They all live in a house next door to Unsafeway, a busy, gigantic supermarket.
To keep active and healthy during the winter, Mrs. Smith likes to go shopping at Unsafeway.
One day, while walking through Unsafeway Mrs. Smith was walking behind a young man. This
man was holding a hot cup of coffee, which he accidentally spilled it all over the floor without
realizing it.
15 seconds after the coffee was spilled, Mrs. Smith walked into the puddle of coffee on the
floor, slipped, fell, and broke her leg.  Mrs. Smith usually wears glasses to help her see where
she is going, but forgot them at home on this day.
Mrs. Smith was hospitalized for three weeks and experienced a lot of pain and suffering.
The young man was never seen again, and will not be a party to any court case that happens
relating to Mrs. Smith.
Unsafeway (despite its name) has a clear policy on cleaning its store.  There is a cleaner that
comes by to clean the floor every ten minutes, and staff are told generally to pick up or clean up
anything on the floor as soon as they see it- even if it’s not time for a regular cleaning.  On the
day of Mrs. Smith’s accident, the floor had been cleaned three minutes before the accident.
Even though the coffee had spilled just 15 seconds earlier, there was already an Unsafeway
employee, Janet, who was running towards the spill to clean it up- but she did not arrive on
time.
When Janet arrived shortly after Mrs. Smith had fallen, Mrs. Smith looked up at Janet and said
“I will sue you! See you in court”.
“I’m sorry”, Janet replied. “This is my area to clean. I just cleaned it, but then I saw the coffee
spill and ran to get here as soon as I could”.
Mrs. Smith has hired a lawyer and will sue Janet and Unsafeway. Will Mrs. Smith be
successful? In your answer, discuss the law of negligence and related concepts. Make sure
your answer includes an explanation and application of all the elements of negligence, any
relevant defences for Janet or Unsafeway (if any). Do not discuss any other torts besides
negligence (20 marks).

Add more space for your answer as required.

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End of Examination. Please save your work with a file name that includes your name and
student number. Remember to complete the attestation at the beginning of the exam by
typing in your name and student number as required. Return the exam to your instructor by
email.

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