FINAL PROJECT

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Sheridan College *

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Law

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Feb 20, 2024

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FINAL PROJECT BUSINESS LAW Tanya (A00140107) Rahul (A00153985) Case 1:  Cyndi wants to check with you before she says something to the general partner of the limited partnership in which she is a limited partner. At a conference, she saw some new computer systems that would help the business, and she would like to be able to tell management of the limited partnership about these systems. Because she receives information of this nature regularly, she wonders if she can provide advice to management from time to time. Advise her on this matter. Answer: In general, Cyndi, it's OK for you to advise the limited partnership's general partner about the new computer systems. You are free to voice any opinions you may have that might help the company as a limited partner. But exercise caution so as not to cross any lines specified in the collaboration agreement. Certain partnerships may have certain guidelines for participation in managerial choices. Check the partnership agreement for any criteria or limits before offering assistance. To guarantee compliance in cases of doubt, think about speaking with legal or management experts. In general, offering suggestions is a good thing, but make sure you always abide by the rules and only speak inside the parameters of the partnership agreement. Case 2:  Saldan was an employee of Organo Farm Corp. Organo owned and operated a 200-hectare farm and allowed Saldan to harvest soybeans from the fields. Saldan would pay the corporation a certain price per kilo. Kia, the president of Organo, had become unhappy with the price per kilo that Saldan was paying and the two of them got into a heated argument over the money. Kia had taken to carrying a
gun to scare off rabbits from the fields and, in the heat of the argument, he took out the gun and shot Saldan, who died from his wounds (these cases are taking a rather dark turn it seems).       The executor of Saldan’s estate brought a legal action on behalf of Saldan’s children against Organo Farm Corp., based on vicarious liability for the actions of its president, as well as Kia. Kia has very few assets but Organo has some very valuable equipment and the farmland. Kia has admitted his actions and his personal liability but Organo is not willing to admit liability, claiming Kia was not acting within the scope of his employment when he shot Saldan. 1. Outline the legal issues in this case and present arguments on behalf of 2. The executor of Saldan’s estate; and 3. Organo Farm Corp.  Answer: Legal Matters: Indirect responsibility: The primary question is whether Organo Farm Corp., as the company's president, Kia, may be held accountable for her activities under vicarious responsibility. To do this, it is necessary to ascertain if Kia's shooting of Saldan was within the bounds of his job. Individual Liability of Kia: Although Kia has acknowledged taking personal responsibility for the shooting, it is still unclear if Organo Farm Corp. bears any further responsibility for his conduct. Arguments: Saldan's estate executor: The executor may contend that Kia's use of a gun—even for farming purposes—was an excessive and unapproved behavior. Organo may be held vicariously accountable, though, if it can be demonstrated that Kia acted in a careless manner to safeguard the farm. Another argument made by the executor
would claim that Organo bore direct responsibility for Saldan's death since Kia's use of a gun was beyond the expected and regular course of his job. Organo agricultural Corp.: Organo can contend that, even if it wasn't authorized, Kia's use of a gun was connected to agricultural operations and that it was within the purview of his job duties. They may say that Kia's actions were not typical of his work and were just one uncontrollable episode. Organo may attempt to escape vicarious responsibility by demonstrating a lack of foreseeability and emphasizing Kia's own acknowledgment of liability. Case 3: Adelaide had saved a considerable sum of money over the years. She was very proud of her niece, Elandra, who had incorporated and started her own horseracing stable, which had become quite successful and quickly grown to four horses. Elandra’s horses had done very well at the racetrack and she was in the process of planning the next stage in the development of her racing stable. To make her plans a reality, Elandra required financing of $100,000.00. She was experiencing difficulty in finding the money because of the risky nature of horse racing and the fact she had been in operation for only four years. Adelaide believes Elandra has what it takes to be a success and wants to help her by investing in the racing stable. Adelaide also wants to make sure that the risk to her investment is minimal. Adelaide heard that you took an excellent business course at college and has come to you for advice.  Please advise Adelaide on: 1. The options available for investing in Elandra’s business.  2. The process involved with each form of investment.  3. The risks and benefits associated with each form of investment. Answer: Investing in Elandra's horse racing stable offers you several alternatives, Adelaide.
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