Question
1, Analyze the following fact situation. You need a basic understanding of contract law to do this exercise. The client, a Canadian charity called the
1, Analyze the following fact situation.
You need a basic understanding of contract law to do this exercise. The client, a Canadian charity called the World United Fund (the Fund), has come to your firm with a problem. It recently ran a $1 million campaign to get donations to build a school in a poor country. Mrs Euphemia Welsher promised to give $100,000; when the Fund had the entire $1 million in hand except for Mrs Welsher's donation, it publicly declared the campaign successfully ended, and hired an architect to draw up the plans for the school. Mrs Welsher then told the Fund that she intends to give the money to a home for cats in New York City, where she lives (except for two months in the summer when she resides in Canada). The client wants to know whether it can sue Mrs Welsher and get the money she promised to pay.
a. What does the client want?
b. What are the relevant facts?
c. What is the area of law?
i. General area
ii. Specific area
d. What keywords helped you identify the area?
e. What is the objective of your research?
f. Formulate the issue(s).
g. Are there any hidden issues?
h. Do you need any further information?
2. Analyze the following fact situation.
You will need to refer to the statute law that follows the fact situation. Last year, Jose Murano signed a lease for a fixed term of one year, for a two-bedroom apartment in London, Ontario. The term of the lease is expiring at the end of next month. The other day, Jose came home to find a For Rent sign for his apartment posted on the lawn outside the building. When Jose asked the landlord what was happening, the landlord explained that because Jose's fixed-term tenancy was expiring soon, the landlord was trying to find a new tenant. Jose told the landlord that he has no intention of moving out at the end of his fixed-term lease. Jose has come to you for advice. Does he have to move out?
38(1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.
a. What does the client want?
b. What are the relevant facts?
c. What is the area of law?
i. General area
ii. Specific area
d. What keywords helped you identify the area?
e. What is the objective of your research?
f. Formulate the issue(s).
g. Are there any hidden issues?
h. Do you need any further information?
3, Analyze the following fact situation.
You need a basic understanding of tort law to do this exercise. The client, Marcello Phinias, has instructed your firm to bring an action for malicious prosecution against the local police. One night last week, he was celebrating his 21st birthday with friends at a suburban strip club. The friends didn't have a lot to drink, but they became quite lively in the club and were asked to leave. In the parking lot, they talked to each other for a while and then left in their own cars. Marcello was the last to leave. As he was getting into his car, a man suddenly appeared and told him to step away from the car. Marcello asked the man who he was. The man, who was wearing jeans and a T-shirt, told Marcello that he was a police officer, showed him a police badge, and asked him to accompany him to his carnot a marked police carwhich was close by. The man told Marcello to sit in the back seat while he checked his driver's licence and vehicle licence. The man proceeded to do so, using a cellphone to run the checks. Marcello says that at one point the man said something like, "A bunch of us are just out here having a good time with Stan. Yeah, he's retiring, and we have to deal with some gang." At another point, the man said to the person on the phone, "It's my day off, can't you hurry it up?" Marcello says that he and his friends have never been in trouble with the law, and that he was picked on just because he's young, not because he was doing anything wrong. He tells you he was forced to sit in the man's car for about ten minutes before he was told he could go.
a. What does the client want?
b. What are the relevant facts?
c. What is the area of law?
i. General area
ii. Specific area
d. What keywords helped you identify the area?
e. What is the objective of your research?
f. Formulate the issue(s).
g. Are there any hidden issues?
h. Do you need any further information?
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