Reference no: EM133181483

Legal Aspects of Transportation Management

Case-Based Assignment

Background Facts

Need To do Only Part 1 and Part 2

The Green Machine Inc. (hereinafter referred to as the "Green Machine") is a newly formed Ontario corporation with large investors who believe the tea industry is posed for a significant increase in the coming years. The Green Machine is a tea company focusing on green tea, matcha and related accessory products. Some of those accessory products include various teapots, teacups, and devices that heat specialized teapots.

The Green Machine has been working to establish direct relationships with large tea growers in the area of Shizuoka, Japan and in the area of Darjeeling, India. Furthermore, the Green Machine has found some companies in and around Tokyo to purchase their tea accessory products. They have reached a point where they would like to start purchasing the products to have shipped to their warehouse in Ontario.
As part of this assignment, you are to create the name of the tea growers in the area of Shizuoka, Japan and in the area of Darjeeling, India, which the Green Machine will be purchasing tea from. More specifically, it will be a total of two tea growers, one from each area. You will also be creating the name of a manufacturer in the area of Tokyo, Japan that manufactures the tea accessory products that the Green Machine will be purchasing.

Part One

Prior to purchasing the products from the suppliers, the Green Machine's lawyer has advised that contracts should be entered into with the tea growers and the manufacturer of the accessory products. Please identify and discuss 5 terms that should be included in the contract. Within those 5 terms, make one of those terms address the transfer of ownership of the tea and the accessory products.
Part One should not exceed one single spaced page (or 3000 characters)

Part Two

Case Scenario:

You as President of Green Machine Inc. recently received a disturbing phone call from a lawyer who represents a person named Barry Fonder. According to the lawyer, Barry was accidentally injured by one of Green Machine's products. It seems that Barry purchased one of Green Machine's electric teapot heater/warmer devices; a product called the "Warmer 3000" and brought it home for use. When using it for the first time at home Barry plugged the Warmer 3000 into a electrical outlet on a countertop in his kitchen and used it to keep a recently made pot of tea warm while he studied throughout the day for his upcoming final exam in Legal Aspects. About an hour later Barry left his house in order to pick up some materials that he needed from the library. When he returned to his house approximately one hour later, he found his house on fire and the fire being extinguished by the local Fire Department. Upon further investigation the Fire Department made the assessment that the likely cause of the fire was the Warmer 3000 device which the Fire department believe had exploded and was likely the source of the Fire as the explosion had likely ignited flames that traveled to his window curtains that were draped near the Counter and the electrical outlet into which the Warmer 3000 had been plugged into.

Barry's House was destroyed as a result of the Fire and in the process most of the contents in his house were lost. Amongst some of the valuable contents of his house lost in the fire was an original one-of-a-kind painting by Picasso that Barry kept stored in his bathroom linen closet and his mint condition 1927 Babe Ruth baseball card that he kept in a cookie jar in his Kitchen. As a result of the significant emotional pain and trauma that Barry indicates he has suffered as a result of this event he is receiving therapy/counselling, has withdrawn from his school program and to this date remains unemployed. It appears that for reasons undisclosed Barry's Home insurance company is also denying coverage for the house fire and so Barry is now looking to commence a lawsuit against Green Machine Inc. to recover all losses and damages suffered as a result of the "Warmer 3000 Fire".

Important Note: Facts may be added to the scenario in later questions. Facts added in later questions should not be taken into consideration in answering earlier questions. For example, new facts are presented in question 3; these facts should not be used in considering your response to question 2. Answer each question in the order in which it is asked with the facts presented up until that point.

Question 1. What kind of legal action is likely to be commenced against Green Machine Inc.by Barry's lawyer? Would you categorize this as a private or public law action?

Question 2. Identify and discuss what Barry will need to establish in order to succeed in his case. For this answer, you should assess this case using the 4 questions used by the courts to establish liability in these types of cases. Do you think that Green Machine could be liable? Explain.

Question 3. At the time of the injury, Barry was engaged to be married to Annetta Gerome. Annetta had started up an IT application company for which she had promising hopes of making a lot of money. As part of Barry's claim against the company, Barry is seeking compensation for losses related to the fact that Annetta could not take the stress of Barry's emotional trauma and suffering and broke off their engagement. Barry claims that the Fire caused by the Warmer 3000 prevented him from becoming a millionaire because he otherwise would have married Annetta and would have reaped the financial future success of her company.

How successful will Barry's claim for damages be in this regard? Explain.

Question 4. Barry's recovery from the emotional trauma suffered from the Warmer 3000 Fire eye injury takes a longer period of time than would normally be anticipated because he has suffered in the past from post traumatic stress disorder. Will this affect Green Machine's liability or award for damages claimed by Barry? Explain.

Question 5. Assuming Green Machine Inc. is found to be liable in this case for product liability are there facts in this case that could help Green Machine reduce their liability or the amount of the award for damages claimed by Barry? Explain.

Part Three

The Green Machine is exploring different means of transportation for the tea and accessory products from their suppliers. Please discuss various considerations for the transportation of the product by ocean freight, land transportation and air freight shipments. More specifically, discuss common legal aspects associated with ocean, land and air freight shipments and in particular please also discuss the legal considerations and/or risks for the carrier/ freight forwarder, shipper/exporter and importer that may be involved in the process for the shipment of the tea and accessory products from Japan and India. As part of this discussion, make sure you address limitations of liability for certain parties that should be addressed.

Part Two should not exceed 2 two single spaced pages (or 6000 characters)

Attachment:- Transportation Management.rar