Question
1.(5) The Saudi Sweet Date Company Ltd.(SSD) hired the Quality Shipping Ltd. to transport two 25 ton containers of fresh dates from Vancouver to grateful
1.(5) The Saudi Sweet Date Company Ltd.("SSD") hired the Quality Shipping Ltd. to transport two 25 ton containers of fresh dates from Vancouver to grateful students in Kamloops because, let's face it, our dates are terrible when compared to Saudi dates. SSD's transport manager watched the containers being loaded on the trucks, whose legal load limit was 20 tonnes (all parties knew this).On the road, during a storm, one truck flipped over and the load was damaged.SSD sued Quality Shipping to recover the amount of the damage.
a) On what legal basis do the plaintiffs (SSD) expect to win?
b) What defence will the defendants use?
c) Who will win?Why?
2.(5) Tom was tired of running his business and was looking for a buyer so he could retire before the winter. Bill wanted to buy the business, but needed another month to raise the necessary finances. Tom said to Bill, "Look, for $5,000, I'll give you an option to purchase in 30 days, but if you're not ready to buy then for $50,000, I'm going to sell it to Dan." Bill paid Tom the $5,000. Thirty days later, Bill appeared at Tom's door with $45,000. Tom said, "Sorry, I'm going to sell it to Dan. I said the price was $50,000." Bill was confused, and sought legal advice. What advice would the lawyer provide to Bill?
3.(5)Base Metal Co. wrote a letter to Steel Manufacturing Co. on May 2 offering to sell it 350 tonnes of rolled steel at $2,200 per tonne. Steel Manufacturing Co. received the letter on May 3. A few weeks later, the president of Steel Manufacturing Co. checked the price of the particular type of steel and discovered that the market price had risen to $2,280 per tonne. On May 22, Steel Manufacturing Co. wrote to Base Metal Co. accepting the offer. Base Metal Co. did not receive Steel Manufacturing Co.'s letter until May 30. Base Metal Co. refused to sell the steel to Steel Manufacturing Co. at $2,200 per tonne but expressed a willingness to sell at the current market price of $2,310 per tonne. Steel Manufacturing Co. instituted legal proceedings against Base Metal Co. for breach other contract that it alleged existed between them. Discuss the rights (if any) and the liabilities (if any) of the parties, and render a decision.
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