393.REVQUSPOSTMID - SAMPLE QUESTIONS COMMERCE 393...

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SAMPLE QUESTIONS COMMERCE 393 POST-MIDTERM #1 30 MARKS 45 MINUTES Mainland Auctioneers Inc. was selling a used bulldozer on behalf of the bulldozer's owner, the Cloverdale Light and Power Corp. Ltd. Mainland Auctioneers Inc. advertised the bulldozer in a building trade publication. The advertisement said that the bulldozer was in "perfect working order". When Mainland had their mechanic test the bulldozer, significant problems with it had been encountered. Jasmine's Roadbuilding Inc. saw the advertisement and was impressed by it. Jasmine's obtained the standard form provided by Mainland Auctioneers and placed a bid to buy the bulldozer at a price of $40,000. On the bid form right above the bidder's signature there appeared the following statement: "The bidder agrees that it is relying on its own inspection of the condition of the goods, and that there are no representations, warranties, guarantees or terms on the part of either the owner or the auctioneer other than those which appear herein. The buyer waives any Sale of Goods Act protection." Jasmine's was the successful bidder. Jasmine's paid for the bulldozer by giving Mainland a cheque drawn on the Bank of Good Hope for the purchase price of $40,000. Mainland immediately endorsed the cheque over to the Bank of New World Trade and deposited the amount to their account at that bank. The day after taking delivery of the bulldozer Jasmine's Roadbuilding Inc. had it inspected by a mechanic, who said that in fact the bulldozer was in poor shape and would require at least $10,000 worth of repairs before it could be used. Jasmine's does not want the bulldozer and so they have stopped payment on their $40,000 cheque to Mainland, which has not yet cleared their account at the Bank of Good Hope. Cloverdale Light and Power Corp. Ltd. says that its rights should not be affected by statements made by Mainland, and refuses to accept a return of the bulldozer. a) 20 MARKS 30 MINUTES Assess any legal rights and remedies Jasmine might have against Cloverdale and Mainland. b) 10 MARKS 15 MINUTES Will Jasmine's incur any liability on the cheque which it wrote to Mainland?
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#2 10 MARKS 15 MINUTES2. How does the scope of a professional's duty to his/her client differ from the duty which a professional owes to members of the general public? Can a professional protect himself/herself in dealings with clients and third parties? Explain. #3 10 MARKS 15 MINUTES The government of B.C. plans to pass a law requiring that anyone employed by a Crown corporation in B.C. be a citizen of Canada. The purpose of the proposed requirement is to increase employment amongst B.C. residents.
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  • Spring '10
  • elaine
  • Civil and political rights, Canadian Charter of Rights and Freedoms, Natural and legal rights

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