Reference no: EM132802525

Assessment: Factual Analysis Instructions

By completing a factual analysis you will be able to apply the legal concepts to determine liability and remedies, where appropriate. Further, you will begin to understand how legal precedent can assist in making business decisions that will reduce or eliminate legal risk.

The format of the factual analysis includes the following four elements:

Case Name

Plaintiff v. Defendant

Main legal issue

Describe the legal concepts and list the remedies sought. Further, it may be helpful to argue the main legal issue if it is posed as a question.

In the tutorial example (see video), the legal issue is defamation, in particular, libel. The question can be phrased as such:

Did Excalibur make a false statement of fact about Plough that is derogatory in nature and a detriment to his reputation in the eyes of the community?

Reasoning

Here you will set out the law and apply the law to the facts. This should be in sentence format. Discuss the law, set out the required elements (i.e. the four elements of negligence), apply the law to the facts, set out any defences, and whether you think the plaintiff would be successful in their claim (the likely outcome).

The reasoning is worth 10 marks. Make sure you include enough analysis here to merit the full marks. You need to show me that you understand the law and how it applies to the facts of the case.

Risk Reduction

Set out two ways to avoid the situation from happening again. This can be from either party's perspective.

For further insight into analyzing a legal case please watch the following video tutorial:

Individual Factual Analysis #1

This Factual Analysis involves the topic of contracts. There is no time limit for this. You may use your text, notes, and any other credible source (For example, other Canadian Business Law textbooks or Acts). You must cite any external sources in APA style.

You are not permitted to consult with anyone while completing this assignment. By submitting your assignment you confirm that the work is entirely your own.

Legal Scenario
Bao bought a second-hand car from Honest Harry's Autos after being assured by Harry, in response to her questions, that the car was a 'spare' vehicle and had been driven only in good weather. This information was given to Harry from the professional couple, the Johnson's, whom he had purchased the car. He claimed that was why its mileage was so low, and that it had never, according to the professional couple the car, had so much as a scratch. "That's excellent," said Bao. "If it had been otherwise, I wouldn't have bought the car."

Bao soon began having trouble with the car pulling to one side when she applied the brakes, so she took it into the garage for a wheel alignment. The mechanic said "Why on earth would you buy this train wreck of a car? Tim, Johnson's kid, drove that car like he was trying to qualify for NASCAR. Mr. Johnson had the car towed to our garage to get it fixed when Tim crashed the car the last time. The car has never been the same since." Bao is confused as this is not the condition of the car as Harry described. When she confronted Honest Harry, he was confused as well. The Johnson's seemed very sincere in describing the care they took of the car. Both Bao and Honest Harry believe they have a cause of action to sue for a remedy.

Instructions
As stated, Honest Harry believes he has a cause of action because he bought the lemon car from the Johnsons.

Your case analysis should focus on Honest Harry's legal remedy. Your answer should discuss:

1. Case Name (who is suing who)
2. The main legal issue (legal concept that applies),
3. Reasoning (legal discussion/description as it applies to the case), and
4. Risk Reduction strategies

Review the Factual Analysis Instructions, including a video tutorial, to help you complete this assignment.

Review the Factual Analysis rubric to understand how the assignment will be graded.

Attachment:- Assessment Factual Analysis Instructions.zip