1. Jane purchased a snowmobile from Andy under a conditional sale agreement. Andy registered the conditional sale agreement pursuant to the requirements for registration set down in the provincial legislation. Jane later sold the snowmobile to Gloria, who purchased the machine without making a search for conditional sale agreements. Jane defaults in payment to Andy. Advise Gloria. (10 marks)

2. The Lee family considered moving to Vancouver from Toronto after Mr. Lee's retirement. In order to determine an appropriate neighbourhood in which to reside, they visited Vancouver.

On their visit to one neighbourhood, which appeared to be a delightful place to live, they met the owner of a warehouse business. The warehouse owner suggested that he would be prepared to receive their household goods if they wished to ship them to him. He would hold them in storage until such time as they found a permanent residence.

On their return to Toronto, the Lee family dispatched their household goods to the warehouse operator in Vancouver. Instead of taking up residence immediately, they planned an extensive vacation that would take them across the United States and eventually to Vancouver.

While the Lee family was on vacation, the household goods arrived at the warehouse. The owner issued a warehouse receipt, which he mailed to the Lee Family at the temporary address that they had given him. The warehouse receipt set out the terms and conditions of storage, one item being a condition that read: "All goods stored at owner's risk in case of fire (storage rates do not include insurance)."

On their return from their vacation, Mr. Lee found the warehouse receipt in their mail, but did not read the document. They proceeded to obtain a new home. However, before they could retrieve their goods from the warehouse, the building was burned by an arsonist who had apparently gained entry to the building by way of an open rooftop skylight. The household goods that belonged to the Lee family were totally destroyed by the fire.

When the warehouse operator refused to compensate the Lee family for their loss, an action was brought claiming damages for the value of the goods.

a. Which area(s) of law does this question relate to? (2 marks)

b. Describe the legal relationship between the Lee Family and the warehouse operator. (10 Marks)

c. Discuss the nature of the plaintiff's claim. (28 Marks)

d. Discuss defences that the warehouse operator might raise. (10 marks)

3. A toy store ordered 50 stuffed pink pigs from the manufacturer. The manufacturer and the toy stored signed a contract to that effect. The manufacturer delivered 50 stuffed brown dogs and told the toy store manager "stuffed dogs and stuffed pigs are all stuffed animals."

Which area(s) of law does this question relate to?

Advise the toy store of its position. (30 marks)

4. Fitness Direct Canada Inc. sold muscle stimulation devices that claimed to result in weight loss and muscle toning. Fitness Direct Canada Inc had not done any research to validate these claims. Consumers reported the device was ineffective. What action could be brought under the Competition Act? (10 Marks)