Answer this discussion with citation and reference (Textbook and other resources :Canadian law) and Not plagiarism.
Textbook
Yates,
R.A., Bereznicki-Korol, T., & Clarke, T. (2017). Business law in
Canada (11th Canadian ed.). Don Mills, Ontario: Pearson Canada.
- Chapter 13 and 14
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DISCUSSION QUESTION:
Your
boss, Bonnie, is thinking of selling her real estate brokerage
business, “Bon Sell-It Real Estate.” She has come to you for help
sorting out all the documentation relating to the use and license of
tangible and intangible property by the company. Bonnie and Aggie (the
company accountant) need to have a list of the types of agreements that
should be in place and the correct parties to these agreements.
You
have worked for Bonnie and the company for 30 years since the beginning
and are considered the company historian. You have pulled together the
following information and you now have to figure out which pieces of
information are relevant to your mission.
Everybody works from the office at 1 Maiden Lane.
The
building is owned by Bonnie’s sister, Sassy, who bought it together
with her husband, Harry, 31 years ago, just in time for when Bonnie was
looking to start the business.
The
brokerage is a franchise of “Sell-It Real Estate” and Bonnie is very
proud of the logo (that looks like ET calling home). Bonnie is also very
proud of the name of the brokerage (also her creation), which she had
allowed the franchise to use in exchange for a waiver of the franchise
fees for 7 years. The old name of the franchise was “We Sell Properties”
which Bonnie thought was bland but she wanted to stay with the
franchise because of the other support she gets from the franchisor.
There
are 7 real estate salespeople in the company, all women with various
degrees of experience. They are employees of Bonnie and do not have to
compete with each other for business. They are a tight knit, friendly
group, and every month they bring together their creative talents in
drawing and poetry to put together a company newsletter which is sent
out to former and potential clients as part of community building and
marketing efforts.
The
front room of the office is called the trophy room, as it hosts the
ceramic treasures of the business. These are prototypes of small vases,
handcrafted by one of the employees each Christmas, that are selected to
go into production and distribution to clients who have given business
to the company that year. Each vase has worked the ET logo into the
design, and is a real selling point for walk-in customers who are drawn
to the store by the beautiful vase creations. Bonnie reckons that 32% of
her business is generated from walk-in traffic! The vases are the talk
of the town (it’s a small town).
Bonnie’s son, Sonny, got his diploma in computer science last year and talked Bonnie into bringing the company into the 21st century.
Together with his friend, Fred, he digitized the entire database of
client and accounting information for the company using software that
Fred wrote as a school project. Sonny was at first reluctant to use
Fred’s software solution because it was heavy on open source code and
other “stuff” of unknown origin but at the presentation to the company,
the employees thought that Fred’s look and feel was cuter than Sonny’s
plan (which was essentially to use some off the shelf software product).
Besides, Sonny offered offsite backup of the data (which they thought
was risky).
Given
what you’ve collected about the history and activities of the company,
what sort of formal agreements do you think ought to be drawn up in
order for the company to be legally covered? Is there anything in the
current arrangements that seems questionable?
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