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393 review questions

393 review questions - _‘ 393 REVIEW QUESTIONS...

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Unformatted text preview: .-,_‘ 393 REVIEW QUESTIONS PRE-MIDTERM a) From which jurisdiction would the law applicable to this transaction most likely come? Give full reasons. vb) ' ' Assess Century Ltd’s legal right-and remedies againSt Appliance Inc; c) Assume that the contract between century and Appliance contained a clause which stated: “The seller’s warranty is limited to replacement of parts found defective. This warranty is instead of any legislated terms. Reliance on Sale of Goods legislation is expressly excluded.” Would this fact affect your answer to part b)?,,jE)_cplain fully. 'd)‘ “Assume that the appliances were of a quality and condition Which conformed to the contract when they let V Appliance Inc. ’5 warehouse, but that while they were en-route to British Columbia, the truck containingith'e appliances was in a collision, and as a result, all the appliances were destroyed. Century demands return of its $10,000 deposit; Appliance Inc. demands that Century pay the $30,000 still owing. Assess the legal rights of Century and Appliance. ' ' #2 I a) ' Suppbse the government of British Columbia passed a law preventing municipalities in British Columbia from hiring, as employees, anyone who did not speak English orFrench as their native language. Are there any reasons why a municipality might not have to obey such a law? Give full reasons. b) ' _ Would your answer to part a) differ if it were the federal government Which passed such a law? Give full reasons. . 4 supplier raised the price of concrete to $180 per tonne.- Concrete Inc. contacted Contractor Ltd., to say that it would be necessary to pass the price increase on to Contractor Ltd., and that the new price for steel for the second building would be $190 per tonne. Contractor Ltd. agreed in writing to pay the increased price. After Concrete Inc. .had delivered the concrete for the second building, Contractor Ltd. refused to pay more than the original price ($175 per 4 tonne)fortheconcrcte. a) ‘ d Is Contractor Ltd. hormd to pay $190 pertonne for-the concrete for- the second-building? Explain fully. ‘ ContractorLtd. paidfortheconcreteusedmthefirstbnildmg3monthslate ConcreteInc. ischarging2%per » ,_nenthmtontheanaceonnt. Conuacmrndtxefusesmpaythemtcresnclarmrngthatthemters ‘ outrageous. ConcreteInc. saysdrenteofmterestmoverdueaceormtawascleaflysetontrnholdprrntonthe ;=;.mvorcewhrchwcompameddelrveryofthestecl IsConmmrMBOImdeaymterestontheoverdueaccountat , _ themteonfipermonth? Explainfully. . #4 I - VEdnaapphedforaJohassearmsalesmmatwmgetsManufacmmgCorpbrafiom Dunngherprchmngintervrews -. shemqmredabontthepcrmanencyoftheposrtron,andthepersonnelmanagcraoldhcrthatsheshonldhavenofearof beinglaidoff, andthatWidgets nevcrlardotfanyoneunlesetherewasdaeeauseofsomenatare Ednameptcd thejoh andsigncdaone-pageagreementwhichstatcd,inpart,asfollows: _ "WidgetsagreestoemployandshallconhnuetoemployEdnaatsuchcompensatronandforsuchlengthof ‘ trmeasshallhemutuallyagreeabletoWidgctadedna. -. .~ NomonthsafterWidgcts employedEdandgcta’ non-managerialworkforce unionized. Collective bargaining for increased wagesbecamedeadlocked, andworkers wentonstrike. Widgets laid off rts managerial staff including Ednapendingresolutionofthestrike. Thesuikeconfimmdforninemonths, duringwhichperiodW‘rdgetsslmtdown operations. EdnafoandanewpbfourmonthsafiertheshikehrokeounbntrssmngWrdgetsforfoarmonthslon Wages. Widgets claimsthatthetcrmofEdnasemploymentcontractprotectrtfromhabdrty,andthatthelay-off wasduetocrrcumstancesbeyondrtscontrol. , . ., 4 _ Will Edna' s claim be successful? Assess Edna' 5 legal rights and rematlies' rn these circumstances. #5 Alfdecidedto spend his 3 month summer vamtioninEaropeand offered tolend Jenny hiscar ' while he was gone. Jenny gratefully accepted Alf's offer but 2 weeks after Alf left, it was ' . . apparent that the car needed a new muffler and brakes. Jenny arranged to have the work done at a cost of $7.00. ~ When Alf returned, he expressed his appreciation to Jenny for taking such good care of his car, - and promised to give her 2 valuable collector' 3 coins as a reward for her efforts. Later a x - . disagreement arose between Alf and Jenny, and he refused to give her the coins or reimburse her ,ford1e$700shespentonreparrstohlscar - l ‘ Assess whether or not Jenny could sue Alf successfully for the coins and /or for the $700. :. i i i 3 i s #6 Penny had a sophisticated sound system which she wished to sell. She had heard that her friend Alvin might be interested, so on February 2nd contacted him by phone and offered to sell it to him for $2,300. Alvin took a few days to reply, and then Wrote Penny a letter which said: " I thinkthe price is too high. What would you say to an otter of $2,000?" Penny received Alvin's letter on February 7th, and that day uniled him a reply saying that she thought the system was worth $2,300 and that she hoped to hear from Alvin soon. Alvin received Penny's letter on February 10th. On February 13th Alvin mailed Penny a letter which said: "I have investigated the market and have decided to accept your offer to sell me the sound system for $2,300. " Penny received Alvin's letteron February 15th, but assuming that Alvin was not interested in the sound system, had, on February 11th accepted an offer from Larry to buy the system at a price of $2,200. Larry paid Penny a deposit of $300. . Immediately upon accepting Larry's offer, Penny had mailed a letter to Alvin telling him of the sale. Alvin received that letter on February 14th. Alvin immediately phoned Penny and said: _ “Don't give that system to Larry; I think its mine." . .Penny replied that she had no obligation to Alvin; she had received nothing from him and that there was no offer for him to accept. Assess the legal rights and obligations of the Penny, Alvin and 13111. What. would happen to the sound system as the result of scam action? #7 operates a sawmill in the interior or British Columbia. Bessie attics on a lumber export grim in Vancouver. The following exchange of letters and phone calls takes place: On September in Bessie writes to Abe: 'What is your price for 200 metres of clear ftt’." OnSeptembeand Bettiewrites toAbeagain: 'l willpay S70permetre for200 mentor ‘elear lit. Mail immediate reply‘. Abe receives Bessie's letter of September lst on September 3rd at 9:30 a.tn. and mails his reply ' ' . tie at $50 per : 'No clear fit is available today but you may have lOO metres No 2 gr: . . :e‘tigws'rhe letter is mailed on September 3rd at ll a.m. and arrives at its donation on . September set at 3 p.m. At noon on September 3rd market prices for lumber decline 20%. On September 3rd at 3 pm. Bessie's letter of September 2nd is delivered to Abe. Abe immediately phones Bessie and the following conversation occurs: Abe to Bessie: ‘I am sending you 200 metres at $70 per metre.‘ Bessie to Abe: 'I have changed my mind about that offer and am withdrawn: it.‘ Abe to Bessie: 'Butlyou can't do that.’ Bessie to Abe: 'Oh yes 1 an.‘ Assess the legal rights and remedies of Abe and Bessie in this situation. giving full reasons {or your answer. i i i 1 « 3 ...
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