1.How does a corporation enter a contract? Explain. 2.Breighley Touring Ltd. is a small travel and tours...
Question:
1.How does a corporation enter a contract? Explain.
2.Breighley Touring Ltd. is a small travel and tours company owned by Terry Breigh and Tobin Equipment Ltd. Terry Breigh is the only officer of Breighley and he is the sole shareholder of Tobin Equipment Ltd. Breigh used a Ford Escape vehicle purchased by and registered to Breighley for the personal use of his family. The use of the vehicle by the corporation and family members was properly reflected in the corporation's financial statements and tax returns. The vehicle was also driven by Breighley's employees.
While Breigh's son Tim was driving the Escape, he was involved in a collision with another vehicle. At the time of the accident, Tim had his father's permission to drive the vehicle even though he had a poor driving record and had only had his driver's licence reinstated. The driver of the other vehicle, Marilyn Meadows, sustained serious injuries. She brought an action against Breighley as registered owner of the vehicle, Tim as driver of the vehicle, and Terry Breigh. On what basis could Terry be potentially liable for Marilyn's injuries? What argument(s) could be presented on behalf of Marilyn? What argument(s) could Terry use to avoid liability?
3.What are some factors not to consider in determining undue hardship?
4.At law, a finder who takes possession of lost personal property can assert ownership rights against everyone except its true owner. Should the rights of the true owner expire after a period of time (such as 10 years) or should a true owner's rights continue to exist indefinitely?
5.Black was looking to buy a quality used luxury vehicle. He found a 2016 Audi at Dexter's Audi that met his needs. He examined the car on several occasions and took it for a couple of test drives. Discussions with Dexter's salesperson, White, were productive, and Black and White were close to making a deal. Black wanted to have the car inspected by an expert mechanic before finally agreeing to buy it, so he asked to have the car over a long weekend so he could drive it further and complete the inspection. White agreed, but required Black to sign a draft agreement and pay a deposit on the purchase price. Black signed the document "subject to satisfactory inspection." Black took the car, but before the inspection could be done, he encountered a deer on the highway. He swerved to avoid the deer, lost control, went off the road, and hit a tree at high speed. Black was not injured but the car was demolished. Was this a bailment situation? Who is responsible for the vehicle?
6.What are the rights of an unsecured creditor on default by the debtor?
7.What are the key aspects of personal property security legislation?