COMM 393 2013 Midterm Solution

COMM 393 2013 Midterm Solution - COMMERCE 393 SKELETON...

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COMMERCE 393 SKELETON ANSWERS TO POST-MIDTERM REVIEW QUESTIONS These are not model answers to the review questions - they just provide you with some guidance as to the main points to be raised. In an exam, the most important thing to do is EXPLAIN THE LAW FULLY. #1 a) Cloverdale will be bound by what Mainland does on its behalf; Mainland is its agent with actual authority. Jasmine’s can sue Mainland successfully for the misrepresentation contained in the advertisement. As the misrepresentation is fraudu lent, the exemption clause will not prevent Jasmine’s from suing. (This is not serious enough to be fundamental breach; the Sale of Goods Act will not help because of the exemption clause, s.20 does not help in a sale of a used good to a business.) Jasmin e’s can rescind because she did so promptly. b) Bank of NWT is holder in due course of a negotiable instrument and so can collect from Jasmine. The stop payment will have no effect on a holder in due course. #2 To client: reasonable skill and care, don’t engage in a conflict of interest. Limit liability in contract, get full disclosure and consent to any conflict.
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  • Spring '13
  • McIntosh
  • Tort Law, reasonable care, Special Relationship, bus driver

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