DROPBOX ASSIGNMENT INFORMATION SHEET

LAWS 6034 requires students to complete three Dropbox Assignments (also known as
Submission Folder assignments.) Assignments may be completed in pairs or by individ-
ual students. If the assignment is being completed in a pair, the names of BOTH STU-
DENTS must be clearly indicated on the cover page. Students who are not named on
the assignment will not receive grades for the assignment.

The format of each dropbox assignment includes questions such as:

1) Identify the legal issues.

2) Does X have a right to sue Y? Why? What must X prove?
3) Explain or evaluate the arguments of each side and cite relevant cases
4) What do you believe the outcome of this case will be? Cite relevant cases.
5) Would it make a difference to your answer if…..
6) What are some lessons that business professionals can learn?

1) What is a legal issue?

In dropbox assignments, students are expected to identify the area(s) of legal dispute
between parties. Very generally, a legal issue is a question of law raised based upon
the facts of a case.

Your analysis should consider the following (depending upon the facts):

• Was there a harm? Or Was there a breach of contract?

• Who was responsible for the harm (or breach)?
• Who was at fault? (Might be one party, both parties, or none.)
• What was the fault? (This will include using the legal name of the fault ie: the tort of
assault.)
• Note that the legal relationship of the parties (to each other) will often be an important
factor in establishing responsibility for a harm. ie: Was there a duty of care?
• What are the elements of the tort? Or What was the nature of the breach of the con-
tract?
• Were the formal requirements of an enforceable contract present?

*** Keep in mind that in the context of this course the harm is NEVER criminal. Do not
use the nomenclature of crime, ie: illegal, criminal, crime. You will loose marks!

2) Does X have a right to sue Y? Why? What must X prove?

3) Explain or evaluate the arguments of each side and cite relevant cases.
4) What do you believe the outcome of this case will be? Cite relevant cases.

In answering these types of questions, you must evaluate the facts of the case study
and decide whether the facts could support the necessary elements of a legal
cause of action. In order to receive full marks, you must include the elements of the
action eg: negligence, defamation, deceit. You will then apply your understanding of
the law to the facts of the case study.

ie: the tort of defamation requires a plaintiff to prove x, y, z. On the facts of the
case study, it is clear that the defendant did make a defamatory statement be-
cause…… [explain how facts constitute the tort of defamation under the law].
However, the law also provides for certain defences to the tort of defamation.
Once such defence is the defence of absolute privilege. The defendant
could argue that…..

When explaining the arguments of each side, the student should show an understand-
ing of the legal arguments that the parties might make by applying the law to the facts.
An answer that receives full marks will address the strengths and weaknesses in the
position of each party, and will include a determination about which side would (or
should) prevail if required.

5) Would it make a difference to your answer if…..

In answering hypothetical questions, a student is expected to explain how and why the
hypothetical element might (or might not) alter the result. The explanation should in-
clude an analysis of the facts and application of the law with the addition of the hypo-
thetical element.

6) What are some lessons that business professionals can learn?

The answer to this question should not include statements of the obvious or
sweeping generalizations. It is unacceptable to say that business people should be
more careful when doing business.

Rather, put yourself into the position of the parties and ask yourself what information or
knowledge the parties lacked which could have prevented this conflict? What informa-
tion would you want to communicate to your organization to educate employees about
the law? What processes or procedures might your organization adopt to address risk?

Eg: business people should understand that acceptance of a contract is not ef-
fective unless and until unequivocal acceptance of the terms is communicated to
the offeror in the method requested by the offeror. In order to ensure that accep-
tance is communicated, a business might……
GENERAL DO’s AND DON’Ts

When Citing Cases

DO NOT UNDER ANY CIRCUMSTANCES provide a link to a case and imply that the
professor should follow the link, read the case, and figure out the relevance. That is
YOUR JOB.

A relevant case is a case that has similar facts to the case study and which has already
been adjudicated by a Canadian court. Applying the principle of stare decisis, your dis-
cussion may draw from similarities (or differences) in a decided case and apply the re-
sult of that case to your case study. You will need to briefly explain the facts of the case
you wish to cite, name the date and court that decided the case, and apply the result by
analogy. Use caselaw from lectures or the textbook. You may also search for relevant cas-
es at the following links:

https://www.canlii.org/en/on/
http://www.ontariocourts.ca/decisions/search/en/search.php
https://scc-csc.lexum.com/scc-csc/scr/en/nav_date.do

ONLY USE CANADIAN CASE-LAW.

Finally, please note that there are a significant number of points allotted for style and
English usage. Students who use translation software or who fail to edit for grammar
and spelling will lose marks needlessly.