Question
1. Jonathan is 90 years old and his mental health is deteriorating rapidly. He has Alzheimer's and, while he does have moments of lucidity, they
1. Jonathan is 90 years old and his mental health is deteriorating rapidly. He has Alzheimer's and, while he does have moments of lucidity, they are rare. Michael, 30, is the son of a family friend and sees Jonathan's mental condition. Michael loves Jonathan's old Jaguar car which has been kept in pristine condition. The young man thought he could get a cheap deal on the car if he could take advantage of Jonathans' mental condition. Michael waited until Jonathan was having a mental episode and demanded that Michael give the car up in exchange for only $100. Michael signed the contract and necessary paperwork. Later, Jonathan's family, legally acting on Jonathan's behalf, tried to rescind the contract and had to sue Michael for it.
What will the result of the lawsuit be?
2. Havel and Gwen both bet $20 on the outcome of a hockey game. Is the contract binding if the contract is verbal only?
3. Jake has had two beers at a ski hill and sees that there is a tubing competition (where people ride in inflatable tubes down a hill as fast as they can). Thinking it will be fun, he goes to sign-up. With his third beer in hand (but still mentally capable), he goes to the reception desk to register. They take his $20 and hand him a waiver. It is 8 pages long, single-spaced, in 7-sized font. Near the bottom of page 6, there is a clause which reads, "you agree that the ski resort will not be liable for any personal injury, whether or not it is caused by us, if you have had any alcohol in the last 24 hours." Jake gets injured in an accident where he collides with another tuber.
He sues the ski hill. The ski hill points to the clause quoted above and says they don't owe any damages. Do you think that clause is enforceable and why?
Seehttps://youtu.be/8lP785SqZ1Q
4. Jane is a single mom. She gives Samuel $10,000 and in the event that she dies, Samuel agrees to look after her orphan son who is 12. Jane dies in a tragic accident. Samuel refuses to care for her orphan son. Can Jane's son enforce the contract against Samuel?
5. Shawn agreed to provide a maroon cabinet to Karen for $500. Upon delivery of the cabinet, Karen discovers to her horror that it is red instead of maroon. She asks you what her remedies are. You tell her this depends on whether the cabinet's colour is a warranty or condition of the contract. Discuss whether you think it is a warranty or condition, and what the appropriate remedy is in each case.
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