READ ALL OF THE ASSIGNMENT INSTRUCTIONS BEFORE BEGINNING
Total Marks: 60 for 20% of course grade
1. You are to analyze a contract. If possible, it should be one you have entered into, or have considered. Examples include, (but are not limited to): credit card contracts, leases and rental agreements, purchase and sale contracts, employment contracts, and insurance contracts (NOTE: contracts must be entire agreements with specific terms capable of analysis to fulfill the assignment requirements).
2. You will choose one of the three cases listed and review each according to the categories set out in the Rubric. Do not include a copy of the case.
You will attach a copy of the contract to your assignment. All personal information must be deleted, if you are using a contract you have entered. NOTE: the assignment will not be marked without a copy of the contract, therefore handing in the copy of the contract after due date in class will be considered a late assignment with the applicable penalty.
You will attach a copy of the Rubric at the front with the assignment followed by the Bibliography and a copy of the contract analyzed.
1. This can be an individual assignment or completed with a group of up to five (5) students. If you choose to work as a group, the mark on the assignment will be given to each group member.
2. The Academic Dishonesty and Correctness Policies, as set out in the course outline, will be enforced. The assignment will be marked for clear, concise and grammatically correct work. There will be a deduction of one mark per grammatical error to a maximum of ten (10) marks.
3. The penalty for late submission of the assignment will be ten (10) marks per day.
4. Information from sources, such as text books and cases, must be referenced with a Bibliography included after the assignment. Class Notes are not to be used as reference. Canadian Guide to Uniform Legal Citation (CGULC) referencing is to be used. Refer to the attached Assignment Requirements. Incorrect, partial or lack of a) references and / or b) Bibliography will result in a deduction of 5 marks each for a total of 10 mark deduction.
Assignment Requirements and Assistance
1. MRU Library: There is assistance for students on CGULC available at the Library (information will also be posted on Blackboard)
2. Bibliography: Example: Duplessis, O’Byrne, King, Adams and Enman, Canadian Business and The Law – Custom Edition, (2020), Nelson
a. Quotations and paraphrase from any source must be acknowledged in the assignment. Example of the format: (Duplessis et al, p.# or pp.##). Class Notes are based upon the Canadian Business and The Law text and therefore, the text must be referenced not the Class Notes
b. Cases: Proper reference is Case Name, date and court. Example: Goodkey v. Canada Safeway Limited (2000) ABQB.
4. Location and Case Analysis: Process: Blackboard: two methods 1. U of C Law Library – Bennett Jones Law Library – Databases & Resources – Alberta, 2. CanLii.ca, Alberta, select a Court – Full Text and search using the case name or names
5. The following are two Examples of Contract Assignment Answers based on the concept of “Intention to enter a Contract” in relationship to an assignment contract: 2 marks for explanation and 3 marks for application = total 5 marks: NOTE – this is not part of the current assignment analysis and are examples only for review
a. .5/5 mark answer – Very poor answer:
i. Intention: - Lack of depth, comprehension and application
1. “Parties must intend to be legally bound by their agreement” (Yates, Legal Fundamentals for Canadian Business, p.71)
2. I needed a new computer as my current one was damaged, and not working properly.
b. 5/5 mark answer: Comprehensive references and application
i. Intention: Definition – Parties must intend to enter a contract with legal consequences to result from the contract. In a domestic or social relationship, there is a presumption of no intention. In commercial transactions, there is a presumption of intention. However, presumptions may be rebutted by the facts based on what a “reasonable person” would have presumed. A contract is not considered unless the offeror can show evidence of intention. (Richard A. Yates, Legal Fundamentals For Canadian Business, pp. 71-72)
ii. Application ( 1-2 paragraphs relating to the contract )
1. First paragraph: Intention occurs when a person interested in purchasing a phone submits the standard form to the store. It can also take place when the store sends out information regarding new phone contracts to clients.
2. Paragraph two related, in detail, to the process of the application form to intention to contract. By submitting the Standard Offer Form to purchase the phone the client is the offeror and the store is the offeree. The store creates the offer and then allows the client to complete it. The store then accepts or rejects the offer. It is a commercial setting, and therefore intention to enter a contract can be presumed. The parties intend a binding contract when all the elements of a contract are met.
c. Format - No Table of Contents or Title Page is required
1. The assignment should be approximately 6 – 10 typed pages: double spaced; 12 pt. font; single-sided; paginated; with Headings
a. Rubric – MUST be attached at the front of the Assignment or a penalty will incur
d. Copy of the Contract being analyzed
1. The following elements for a valid and enforceable contract will be explained in one to two succinct, referenced paragraphs explaining the key and fundamental points. Each element will then be applied to the contract by identifying how the element relates to and is enforced with respect to the contract being analyzed. 8 marks each = 24 marks
a. Offer and Acceptance: explanation 4; application 4 /8
b. Capacity: explanation 4; application 4 /8
c. Consideration: explanation 4; application 4 /8 Total /24
2. You will review the contract and fully explain ONE clause relating to the cancellation, termination or breach of the contract.
a. Specific reference to the clause by number or letter (1 mark)
b. Complete explanation of the clause (5 marks)
c. An explanation, by example, illustrating how the clause would be applied in relationship to the contract (8 marks) Total /14
3. Case Assignment: you are to select one of the following three (3) Alberta cases. The case can be located through CanLII, specific instructions are in Assignment Requirements # 4 for Location of cases on page 3 above Total 20 marks
a. Contract Law –Misrepresentation & and you are to analyze the appeal decision, but will reference the trial decision
i. Houle v Knelsen Sand and Gravel Ltd., 2016 ABCA 247 (CanLII), https://canlii.ca/t/gt44l>
ii. National Leasing Group Inc v Weir-Jones Engineering Consultants Ltd, 2017 ABQB 145 (CanLII), https://canlii.ca/t/h0bc2>
iii. Rigco North America LLC v. ExxonMobil Canada Ltd., 2007 ABQB 311 (CanLII), https://canlii.ca/t/1rgqm>
- Introduction / Title: Case Name, date and Court / 2 marks
- Summary of the Facts of the Case: 1 – 2 paragraphs / 6 marks
- Legal Analysis: Identify and describe the legal issue before the court; 2 – 3 paragraphs, include both parties’ arguments / 6 marks
- Decision: Explain the court decision/ 6 marks Total /20
4. You will describe one (1) personal insight, individually or for your group, relating to what you gained from this contract review. This must be of substance, concrete and reflect what you have learned to earn full marks. /2 marks
NAME(S)______________________________ ______/60 marks
Deductions: Correctness / Reference errors / Late ___Assignment Total ____/60