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Toy Choice Grow with Fun

(Logo: Designed by Toy Choice)

We are a group of two ambitions men looking to achieve your expectations. Owner Aminul Masum and CEO Khaled Al gahuri.

We want the best for your child. We are the one-stop-shop to offer you the best toys. Giving a child a toy is like handing them a key. It unlocks their imagination and lets them explore new worlds.

Good toys are hard to find, so we made it easy for you.

We know that you have a lot to spend time on, so we have also done the research for you.

Looking for the perfect toy for your little one? We have 1000+ toys for them to play with and enjoy!

At Toy choice we respect the importance of the UN SUSTAINABLE DEVELOPMENT GOALS (SDGs) for balanced social, economic and environmental sustainability.

We are aligned to the following 3 goals:

  • Eradication of poverty: We make money contributions to support education.
  • Development of industry ,innovation and infrastructure: We source the materials for our business products locally and promote enterprises.
  • Sustainable cities and communities: We encourage Reduce, Reuse and Recycle for our products.

Toy choice is a toy store that sells a variety of toys. We are committed to resolving your disputes through direct negotiations.

We believe in resolving disputes through direct negotiations and we will always try to negotiate with the customer before we reach out to the legal team. This is a more effective way of problem-solving and it is also the most humane way.

Toy Choice's legal department is also there for clients who want to take their case to court and cannot find an amicable solution with their counterparts.

To avoid Litigation

We will establish policies and procedures that cover all aspects of the business, including employee hiring and management.

We will also incorporate our business. It is important for us to make sure that we are operating in accordance with provincial law and properly protecting the interests of the company. Doing so also helps shield our personal assets from liability risks associated with running a business. Once we have registered as a corporation, we will make sure that we are following the necessary steps to maintain our status as an active corporation

We will also keep detailed records of documents such as financial statements and tax payments for at least five years after the time of their creation or receipt.

Visit our shop at 90 Southampton Dr, Scarborough, Ontario or you can visit at www. toychoice.com

It is dangerous for a child because they may eat. The shape and size of them can pose as a choking hazard. Children are at risk of swallowing these toys which can block their airway, cause choking or throw up the toy because they are not digested properly.

Tort: Unintentional Neglagincy - Product liability.

We ought to keep the objective of the duty to provide safe and non-dangerous toys for children in mind at all times. It is not enough that we create toys that are safe or avoid creating high-risk products, but also care to test them for viability. In order to recognize factors that lead to safer toys, we need a causation standard, foreseeability and negligence tests.

Our main goal is to make the children happy. And, not cause them any harm by providing them with production toys safe for their consumption. Producing bigger toys for the children is another way the company is guiding kids away from eating these tiny objects. Unlike at home where parents can better supervise their son or daughter, at school it can be harder to monitor what they are eating. Toys in plastic cases on desks and in baskets get left in a position of accessibility that makes it easy to sneak snacks from them if no one is looking.

Describe the breach of contract with the supplier : A breach of contract is the violation of the terms or conditions of a legally binding agreement. The supplier is called ML Toy manufactures and it supplies and distributes toys to customers throughout the country. Toy Choice has relied on this company to distribute all of its toys for the last ten years. This works by the company supplying us with toys for three months then we pay them on the last day of the third month. In this case, payments were not made within the speculated time and this causes a lot of financial distress to ML Toy Manufacturers since the company could not continue with production since it relied on such payment. The company stated that failure to make the payment on time was in breach of the contract and caused massive financial losses.

Identify and explain whether the claim is for a breach of condition or warranty: In this case, the claim is for a breach of condition since the payment was not made within the speculated time. Under the breach of condition, Toy Choice did not meet the specifics of the contract which in this case was to make payments on the last day of the third month after the first delivery. The contract specified the right time the payments were supposed to be made. The fact that the payment was not made during that time was a clear breach of the contract and the aggrieved party had the right to cancel the contract and even seek damages

Identify and explain the specific remedy (or remedies) that you would be sued for : I would be sued for damages and the termination of the contract. The supplier will sue for damages since the payments were not made at the right time hence causing financial constraints to the company. The supplier will also sue for termination of the contract since the identified specifics were not observed. This means that the aggrieved party has the right to treat the contract as repudiated since some specifications were not met. It is crucial to understand that a contract of sale can't be fulfilled unless the conditions are met.

Identify and discuss two different clauses/terms that you could include in your contract to reduce or eliminate the risks of being sued for breach of contract. For each clause, explain how it helps reduce the risks: I could include the limitation clause to limit the company’s liability when the payments are not made within the right time. The role of the limitation clause is to ensure that the company will not pay damages caused by delayed failure to make the necessary payments. Limiting the possible liabilities will mean that Toy Choice will not be pushed to pay the damages and cancel the contract at the right time. Having such a clause will promote fairness in the contract since Toy Choice will have the room to avoid paying damages after the payments are delayed. This would mean that the company can only pay for the amount owed and repudiation the contract. Another clause will be the severability clause which would allow certain parts of the remaining contract to continue even if others are unenforceable. In this case, I would have a clause to continue with the contract as long as the payment is not delayed for more than five days after the deadline. This would help solve the issue of delayed payments and damages.

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1) A brief explanation for why it made sense for you to start your business as a sole proprietorship. Your answer should reference at least two benefits of a sole proprietorship.

Answer: Before beginning this business, I felt that the capital I had was not enough to start a large business. It is the reason why I chose a sole proprietorship since it required low start-up costs. Also, I could control the business since I was my boss. Operating a sole proprietorship was thus the best decision considering the capital I had and the need to become my boss.

2) Identify which business form is the best option now in light of your business’ success, personal assets, and income from your day job (1 mark)

Answer: Operating a limited liability company is the best option right now. It is because I have enough personal assets and savings to start the company. Also, the income from my day job is enough to sustain the operations of the company throughout the year. This means that I can comfortably start and operate the LLC on my own. With the current business operation skills I have gained with the sole proprietorship, it will be easy to run a limited liability company.

3) A brief explanation for why this new business form is the best option. Your answer should reference at least three benefits of that business form given your business’ success, personal assets, and income from your day job (3 marks)

Answer: Operating a limited liability company is the next form of business considering the current financial success, personal assets, and income from my day job. It is because a limited liability company is a separate legal identity. This means that it operates like a separate entity from the owner. Therefore, it can be sued or sued and even buy and own property in its name. Also, owners or owners of an LLC have limited liability meaning that their assets cannot be used to satisfy debts and obligations of the company. This means that my assets and finances will be secure when operating such a company. A limited liability company also has a free transfer of financial interests. It means that the member has the right to share profits and losses from the company. It means that I can invest more with the current money and assets I have to ensure that the company succeeds.

4) Concerning course material only, explain how your agency relationship will work with the real estate agent.

Answer: I will have an express agency agreement with the agent. The agent will be required to understand their fiduciary duty to provide the perfect asset that fits the descriptions provided. The fiduciary must have the ability to work diligently so that I can find a premise that is strategically located to enhance the operations of the company. Having a single agency will make the agent feel trusted in delivering this task.

5) Identify a real Canadian not-for-profit you could work with to further one or more of your sustainable development goals. Your answer should include how you could work together to further your SDG (3 marks)

Answer: I would work with the Canadian Educational Standards Institute. This organization helps develop and promote educational development in various independent schools in the country. To serve one of my SDGs of eradicating poverty, I would work with this organization to distribute various learning materials to schools with high poverty rates. For example, giving learning toys in these schools would help improve the learning abilities of the children.

6) Please choose a real Canadian not-for-profit that works to meet/reflect/further one of the SDGs that you chose

Answer: Plastic Bank Foundation (Canada) is a nonprofit making organization that collects and recycles plastics across the country. The main aim of this organization is to create a change in this industry and even transform the environment. It also pushes policymakers and even manufacturers to adopt sustainable manufacturing practices that prevent the use of non-recyclable materials. This would be an ideal organization to work with since it would help me attain my SDG of having sustainable cities and communities.

7) Please imagine a NEW project or an initiative that you and your chosen not-for-profit can work together on to meet your chosen SDG, and provide a brief description of that project or an initiative.

Answer: I would work with this organization to further my SDG of creating sustainable cities and communities by encouraging the reduction, reuse, and recycling of products. Together, we would recycle various materials to create more toys for various schools across the country.

8) Identify and explain how the Sale of Goods Act applies to your business (2 marks)

Answer: The Sale of Goods Act states that the sale of goods occurs when the seller transfers or agrees to transfer the ownership of the property to the buyer for a money consideration. In Toy Choice, this act helps understand the relationship and rules that guide the sale of products to the buyer. Understanding the rights of the buyer would ensure that the buyer is treated with the utmost respect at all times. This is in line with the company’s goal which is to create the perfect experience for the customers. It is crucial to note that the Sale of Goods Act does not apply when goods are bought through hire purchase.

9) Explain why or why not the Electronic Commerce Act, 2000 applies to your business

Answer: The Electronic Commerce Act of 2000 aims to recognize electronic contracts, electronic signatures, electronic writing, and even original information provided through electronic. This acts aims to enhance domestic and international transactions through electronic platforms. For my business, this act applies in various areas. We need to use electronic writing, signatures, and even sign electronic contracts since most of the customers cannot visit the store physically. This means that most of the transactions can be done through various electronic platforms hence the need to adopt such measures. The same act applies when it comes to working with other stakeholders such as suppliers.

Workplace Law

The violated Legislation

When hiring, an employer must comply with the applicable human rights legislation, as potential employers should not be assessed based on characteristics unrelated to the job. Instead, they should be evaluated based on experiences, skills, and merit. Based on this, my job advertisement violates the Human Rights Legislation that mandates equal treatment in employment. This equal treatment in employment is thus violated since my job ad, directly and indirectly, establishes parameters that isolate particular groups that share a common characteristic, such as disability and religion. Thereby, my ad creates constraints that unfairly discourage or prevent people from applying for the job and thus leads to human rights infringement, even though I did not explicitly state that certain employees are not permitted.

The protected grounds violated by the ad

My job ad violates some protected grounds, including disability, citizenship, and religion. One of my requirements is to be able to work on weekends. This requirement contains indirect discrimination against religion, as this seemingly neutral requirement has a differential effect on employees centered on religion since applicants who are religious and goes to church on Sundays might be discouraged from applying. Second, the requirement of being physically fit violates the disability ground and can be deemed non-essential as selling toys does not necessarily involve activities requiring physical fitness, such as heavy lifting. People with disability are thereby prevented from applying for the job as they do not qualify as physically fit. Third, the requirement to be a Canadian citizen violates human rights legislation as it directly discriminates based on citizenship. Thereby, people not Canadian citizens are automatically prevented from applying.

The hiring process

Drea does not have to tell me that she cannot work on Sundays during the hiring process. Acquiring information about the applicant’s availability for particular work shifts during the hiring process might result in soliciting information concerning their religion. If Drea fails to get the job, she might claim that she was not chosen centered on a prohibited ground of discrimination. Instead, more in-depth information should be shared when I give her a conditional offer of employment.

Job modification

Some modification I would carry out to accommodate Marty includes increased flexibility. This would consist of allowing Marty to work from home since he cannot drive and adding time to complete his tasks. Additionally, since he cannot operate a computer, I will modify his job by giving him temporary alternative work. For instance, I would assign him to customer services, such as taking customer calls and responding to their inquiries. These modifications respond to Marty’s individualized needs and enable him to participate fully and integrate with the firm’s operations.

Legal obligation for job modification

As an employer, I have a legal duty to modify Marty’s job. Marty is entitled by law to be offered reasonable accommodations necessary for his circumstance. I am, therefore, legally obligated to modify Marty's job towards demonstrating and ensuring that persons with disabilities in my workplace have equivalent benefits, access, as well as opportunities to promote their full participation and integration in company functions

INTELLECTUAL PROPERTY LAW

This is based on the Trade-marks act as this company claims we copied their company logo. In Canada, the Tread-Mark Act is an Act that regulates trademarks to ensure fair competition in the marketplace. The legislation applies to both registered and unregistered marks. Companies are able to trademark their logos which is important because it provides some protection over the company's intellectual property. This could mean that you can't use their logo even if you're not trying to copy their company.

We did not violate their intellectual property because this business logo was created by our company. We did not copy it. Every company has the right to use its name in a trademark, and they can have logos that are similar to other companies. We did not violate intellectual property laws unless our logo is close enough to confuse the public about which company owns the trademark or logo. This is an important legal distinction, but it does not mean that there cannot be some similarities between trademarks or logos from different companies.

Credits:

Created with images by Krakenimages.com - "Young beautiful teacher and toddler playing with building blocks toy at kindergarten" • Roman Motizov - "Law concept - Open law book with a wooden judges gavel on table in a courtroom or law enforcement office isolated on white background. Copy space for text" • Rawpixel.com - "Closeup of pushpin showing the location on the map"