Question
11.A wedding planner had a contract to plan a white wedding for a happy couple. She had strict instructions that everything had to be white
11.A wedding planner had a contract to plan a white wedding for a happy couple. She had strict instructions that everything had to be white and - the flowers had to be white so she bought lilies; the food had to be white so she chose scallops, pasta, onions, cauliflower, haddock, and a white wedding cake with vanilla ice cream; she bought white wine; the groom's suit was white; the wedding dress was white, and the limousine to take the bridal party to the wedding had to be white.
But when the limousine arrived to pick up the bridal party immediately before the wedding, the colour of the limousine was black.
Did the wedding planner breach a condition or a warranty? Why?
12.Chris, who is an engine mechanic, purchased a new machine to diagnose problems with engines from Engine Diagnostics Ltd. The contract stated it would be delivered October 1. Immediately before signing the agreement Chris and the salesperson for Engine Diagnostics Ltd. discussed the fact that Chris had to have the machine on October 1 or else he/Chris would lose a contract with Saint Mary's University to service and fix all their generators.
However, the machine was not delivered until November 1 and Chris lost the contract with Saint Mary's University.
Chris is certain he is entitled to sue Engine Diagnostics Ltd. for breach of contract. The one thing he is not sure about is whether or not the potential income he lost due to losing the Saint Mary's contract is remote. Is it? Why/why not?
13. Wood Supply Inc. had a contract with Harry to sell Harry the wood he needed to build a garage for $4,000. The contract stated that the wood is to be delivered to Harry on February 1st. But on February 1, Plywood Inc telephoned Harry and said they would not be able to sell him any wood.
Harry did not immediately look for other suppliers who would sell him wood.
But on April 1st Harry bought the wood he needed from Home Builders for $5,000.
But if Harry had purchased the wood from another seller during the month of February he would have paid only $4,500.
Harry now wants Wood Supply Inc to pay him $1,000 to cover the additional cost of the wood he purchased from Home Builders.
Is Harry entitled to damages of $1,000 or should he have mitigated his losses? Why/Why not?
14.In January 2020 Zainab paid her tuition for the Winter semester at Saint Mary's and she regularly attended her classes and completed assignments and wrote midterms.
On March 2 the University President made a surprise announcement stating that face-to-face classroom instruction would end immediately, but that all classes would continue on-line because of the serious danger to students' health created by the Covid virus.
Zainab hated on-line courses and she did not want to take any courses on-line so she went to the Registrar's Office and asked for her tuition payment to be refunded.
When the Registrar refused to refund her tuition payment she told them they had to because the contract is frustrated.
Is her contract with Saint Mary's frustrated? Is she entitled to a full refund?
15.Suzie paid Beth for ten hits of crack cocaine. Crack cocaine is illegal in Canada. Beth promised to deliver the cocaine to Suzie the next day. However, there was no sign of Beth or the cocaine the next day. Would Suzie be successful if she sues Beth for breach of contract? Why/Why not?
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