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.
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?
13. X, aged 17, purchased a bicycle on credit for the purpose of transportation to and from her place of employment. She made no payments on the bicycle, and the seller brought an action against her for the debt. Discuss the issues raised in this case and render a decision.
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.
9. A backhoe owned by Digger Ltd. was involved in the trenching for a water pipeline located along a city sidewalk. In moving a bucketful of rock into a waiting truck, the backhoe operator accidentally struck and cut an overhead power line. The cut power line fell to the sidewalk, injuring and electrocuting a pedestrian who had been observing the trenching. The pedestrian required extensive hospitalization and reconstructive surgery, and later commenced legal proceedings against Digger for the injuries suffered, including six month's lost wages while hospitalized. Outline the various steps the parties to the action would take to bring the case to trial.
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. Discuss the tort issues raised as result.
7. A lawyer who was also a professional boxer was traveling by train from Winnipeg to Regina. He was sitting next to a woman who, during the course of a conversation, said: "Professional boxers should be charged with assault and battery each time they engage in a prize fight." As a lawyer, how should he respond to her statement?
6. Norman seeks a licence to operate a taxi in a major city and applies in writing to the City Taxi Commission. Two days later, he receives a letter in reply: "Dear Norman: Upon careful review of your application, your request for a licence is denied. Signed: Chair of Taxi Commission." Advise Norman of his rights.
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