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10. A bank embarked on a recruitment campaign of university graduates, and Francis, a recent graduate applied for a position. Francis was interviewed by the

10. A bank embarked on a recruitment campaign of university graduates, and Francis, a recent graduate applied for a position. Francis was interviewed by the bank, and following the interview, the bank offered Francis a position by letter which set out a salary, and a starting date. Francis accepted the position by return mail. A few days after Francis began work for the bank, he was called into the Manager's office and presented with an employment contract that contained a confidentiality clause, and a proviso that either party could terminate the contract on three month's notice, or in the case of the bank, payment of three month's salary and accrued benefits. Francis signed the agreement. Francis worked for the bank for almost fifteen years, moving from the position of trainee through various promotions to the position of Branch Manager of a small branch of the bank. Some month's later, he had a disagreement with the Regional office of the bank over the quality of certain loans he had made to local businesses, and his employment was terminated. On termination, he was paid three month's salary and his accrued benefits. A week later, Francis instituted legal proceedings against the bank for wrongful dismissal. 11. A golf club constructed a driving range on its property that faced a number of residential properties located next to the golf course. Golfers using the driving range frequently hit golf balls into the backyards of the neighbouring residential properties, and on several occasions broke windows in the houses located on the lots. On one occasion, a golf ball struck and killed a cat that had been sleeping on a bench in one of the backyards. The residential property owners complained to the club about the golf balls being driven into their properties, but the club refused to change the location of the driving range. In response to the complaints, the club stated that the individual golfers that caused the damage should be responsible, since they hit the balls into the yards. When the club refused to stop the use of the driving range, the property owners decided to institute legal proceedings against the club. 12. Rafting Company offered white water raft trips involving a relatively short 10 km journey down a swift river. The price of the trip, including overnight hotel and meals, was advertised at $300. Hillary and Hal, in response to the advertisement, entered into a verbal arrangement with the operator of the tour to join in on the journey, and they agreed to appear at the designated hotel the evening before the date of the excursion. At the hotel, they met the president of the tour company and paid him the tour price. The next morning, as Hillary and Hal assembled their gear with the nine other passengers, a representative of the company spoke to the participants and instructed each of them to sign a form entitled "Standard Release." The form stated that the operator of the tour was "not responsible for any loss or damage suffered by any passenger for any reason, including any negligence on the part of the company, its employees, or agents." They were reluctant to sign the release, but when they were informed by the tour representative that they would not be allowed on the raft unless they signed it, they did so. When the release was signed, the representative gave each of them a life jacket with a normal adult buoyancy rating. After they donned the life jackets, they were allowed to climb aboard the raft. During the course of the journey, the raft overturned in very rough water, and Hal and two other persons drowned. An investigation of the accident by provincial authorities indicated that the life jacket Hal had been wearing was not adequate to support the heavy weight of a person his size. The investigation also revealed that, due to the swiftness of the river at the place where the accident occurred, a more suitable life jacket would probably not have saved Hal's life. Hillary survived the accident and brought an action against the tour company under the provincial legislation that permitted her to institute legal proceedings on behalf of her deceased spouse

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