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4 . Tremblett v . Tremblett, 2 0 1 2 CanLII 6 7 4 4 3 ( NL SCTD ) ( CanLII ) [ Note:
Tremblett v Tremblett, CanLII NL SCTDCanLII Note: Your instructor may assign this case as a Shared Writing activity. Doug and Bill Tremblett were brothers and, at least in the early stages, owned a fishing boat together. The brothers worked together in the fishing operation from to using a crab licence that Bill had acquired through a swap and that was held in his name. The crab fishing licence was the primary asset of the business and the main subject matter of the dispute. After the brothers stopped working together, Bill continued on with the fishing enterprise, relying on the crab licence he had obtained. Explain any claim Doug might have against Bill in this situation. Would it affect your answer if Bill did more work than Doug? If the value of the licence was over $ at the time they stopped fishing together, what would Doug be entitled to if successful, given that the trial took place in Rivermist Holding Ltd v McGregor Estate, BCSC CanLII Rivermist hired McGregor Management to construct a storage facility. McGregor Management then hired Rivermist as a subcontractor for some excavation work. Allan McGregor negotiated both contracts on behalf of McGregor Management. McGregor Management failed to pay $ of the balance owed to Rivermist. Allan then claimed that the estate of his mother was liable for the second contract, as he and his brother were agents for his mothers business, McGregor Management. Rivermist was unaware of the mothers involvement in the McGregor Management; all of its dealings were with the McGregor brothers. Are the McGregor brothers personally liable for the debt? Explain your answerAnalyze the cases. Write a letter to the editor of a local newspaper about your stand. Include the answers to the following questions: What are the facts in both cases? Identify the legislations related to the cases. What legal questions are the key determining factors in both cases? Justify your answer to the legal questions you have identified. Persuade the editor by providing facts to support the argument. Write a onepage summary for each case.
Tremblett v Tremblett, CanLII
NL SCTDCanLII
Note: Your instructor may assign this case as a Shared Writing activity.
Doug and Bill Tremblett were brothers and, at least in the early stages,
owned a fishing boat together. The brothers worked together in the
fishing operation from to using a crab licence that Bill had
acquired through a swap and that was held in his name. The crab fishing
licence was the primary asset of the business and the main subject matter
of the dispute. After the brothers stopped working together, Bill
continued on with the fishing enterprise, relying on the crab licence he
had obtained.
Explain any claim Doug might have against Bill in this situation. Would it
affect your answer if Bill did more work than Doug? If the value of the
licence was over $ at the time they stopped fishing together, what
would Doug be entitled to if successful, given that the trial took place in
Rivermist Holding Ltd v McGregor
Estate, BCSC CanLII
Rivermist hired McGregor Management to construct a storage facility.
McGregor Management then hired Rivermist as a subcontractor for some
excavation work. Allan McGregor negotiated both contracts on behalf of
McGregor Management. McGregor Management failed to pay $ of
the balance owed to Rivermist. Allan then claimed that the estate of his
mother was liable for the second contract, as he and his brother were
agents for his mothers business, McGregor Management. Rivermist was
unaware of the mothers involvement in the McGregor Management; all
of its dealings were with the McGregor brothers.
Are the McGregor brothers personally liable for the debt? Explain your
answerAnalyze the cases.
Write a letter to the editor of a local newspaper about your stand.
Include the answers to the following questions:
What are the facts in both cases?
Identify the legislations related to the cases.
What legal questions are the key determining factors in both cases?
Justify your answer to the legal questions you have identified.
Persuade the editor by providing facts to support the argument.
Write a onepage summary for each case.
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