Question
15. Eric, at age 80, owns a large property of about 100 forested acres, half of which is covered with walnut and butternut trees he
15. Eric, at age 80, owns a large property of about 100 forested acres, half of which is covered with walnut and butternut trees he had planted as a boy. Eric is approached by a real-estate agent who tells him he has a client who is looking for land with trees where a new house can be built. Eric severs the treed half of his property and sells it, and the new owner builds a family home. In talking with his new neighbour, Eric discovers to his horror that the buyer is the owner of a custom sawmill, and intends to cut down all of the hardwood trees for furniture and veneer.
Does Eric have any recourse?
14. An industrial bakery agrees to supply one hundred thousand loaves of bread monthly to a major Canadian grocery chain at a price of $1.00 per loaf. Before deliveries begin, the baker rethinks the deal, feeling it should have charged more. On review, it discovers that the contract recites "one hundred" loaves of bread monthly at $1.00 per loaf.
What recourse will the grocery chain have if the bakery refuses to honour its price beyond 100 loaves?
12. A and B agree to carry on a business in partnership as hardware merchants. A and B agree that if either party wishes to end the partnership he must not carry on a similar business within 80 kilometres for a period of ten years. A leaves the business a year later and sets up a competing hardware business across the street from their old shop, which B continues to operate. Advise B and A.
11. The president of A Co. wrote a letter to B Co. offering to sell B Co. a large quantity of steel at a specific price. B Co. did not respond to the letter, but A Co. sent a "sample load" of one tonne that B Co. used in its manufacturing process. A month later, A Co. sent the quantity of steel specified in its letter along with an invoice at the price specified.
Is B Co. bound to accept and pay for the steel? Advise the parties.
10. A lawyer negligently prepared a deed of land for a client who was selling his property, and in doing so described the wrong parcel of land in the deed. The lawyer acting for the purchaser failed to notice the error, and registered the deed. The purchaser of the land later discovered that her deed was for the wrong parcel of land.
Discuss the responsibility of the lawyers.
8. A factory stood near a self-storage facility, separated by a gravel parking lot owned entirely by the factory. In the summer of one year, the factory paved its parking lot. Late the following spring, heavy rains Ih formerly soaked into the gravel ran directly from the parking lot into the self-storage facility, causing hundreds of thousands of dollars in damage to goods of the unit tenants.
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