5 Short Answer Questions Steinbeck Ltd and Tolkien Inc are in year 1 of a 10 year contract whereby Steinbeck is leasing a commercial space from Tolkien The first year has been a disaster Steinbeck has missed two rental payments and been late on 3 other payments Tolkien has been overly restrictive on advertising and has reduced the parking available to Steinbeck's customers Both parties are considering litigation but want to resolve the dispute on their first They want to maintain control over the process and decision but recognize that they will need a third party to help come to a resolution They both value privacy and predictability in the outcome Please identify the most appropriate form of ADR that the parties should use to resolve their dispute Please list two advantages and two disadvantages for that form of ADR you identified Further, please identify the document one of the parties would have to complete to sue the other party and identify which court would be most appropriate (7 points) In each of the following scenarios, please identify if there is consensus between the parties (valid offer and proper acceptance), and explain why or why not Please read each scenario separately (10 points) Dickinson makes an offer to Grisham with a deadline of Wednesday at 4 00pm Grisham contacts Dickinson at 4 05pm and accepts the offer Dickinson makes an offer to Grisham Grisham accepts Dickinson's offer within the deadline and adds an extra service to the offer Dickinson makes an offer to Grisham, with no deadline, to purchase fruit from Grisham's orchard to put in Dickinson's store Grisham calls Dickinson 8 months later and accepts her offer Dickinson makes an offer to Grisham and says to provide acceptance by phone call, text, email, or letter with a deadline of Friday at 5 00pm Grisham mails her acceptance Thursday at 4 35pm and Dickinson receives the acceptance the following Tuesday at 3 30pm Dickinson makes an offer to Grisham to purchase his car and says to give me a call with your acceptance or rejection and gives a deadline for Thursday at noon Grisham mails his acceptance Thursday morning at 11 00am Charles Dickens owns a tech company that is growing fast One night, Charles is out at a bar having a few drinks when he comes across Willie Nelson Charles brags about how well his business is doing and, seeing a financial opportunity, Willie offers to purchase 50 of Charles' business to which Charles accepts The next day, while at work, Charles receives a visit from Willie's lawyer with documents to sell 50 of the business to Willie Charles says that he will not sign the documents and claims that he was drunk when the conversation happened Please identify the legal steps that Charles isrequired to prove to escape the contract Applying the appropriate legal test to the facts, please state if there is a binding contract and explain why or why not (6 points) Louis Armstrong, a collector of movie memorabilia, bid $250,000 on the Batmobile After taking delivery, he discovered the car was not the car actually used in the film Batman, it was merely one of five cars used to promote the film He now wants to cancel the contract and the seller is refusing What form of mistake did Louis Armstrong make What are his legal options If it was discovered that the seller lied about the car, then what legal principle would be identified and what would Louis Armstrong's options be (4 points) Rhianna Corp and Sheeran Ltd have entered a contract whereby Rhianna Corp is going to ship product from Sheeran Ltd 's food processing plant to local retailers During production, and before any food is delivered, the provincial government changes the law that requires food processors to carry a particular permit Sheeran Ltd does not have that permit and, as a result, are unable to process the food for shipment Sheeran Ltd notifies Rhianna Corp to cancel the contract Rhianna Corp is upset and sues Sheeran Ltd because now they do not have product to ship to their retailers Will Rhianna Corp be successful in court if they sue Sheeran Ltd What form of contract discharge can Sheeran Ltd argue to escape liability If the court agrees with Rhianna Corp , what remedies can they receive If the court agrees with Sheeran Ltd , what is the outcome of the contract (5 points)

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5 Short Answer Questions - Steinbeck Ltd. and Tolkien Inc. are in year 1 of a 10-year contract whereby Steinbeck is leasing a commercial space

5 Short Answer Questions -

Steinbeck Ltd. and Tolkien Inc. are in year 1 of a 10-year contract whereby Steinbeck is leasing a commercial space from Tolkien. The first year has been a disaster. Steinbeck has missed two rental payments and been late on 3 other payments. Tolkien has been overly restrictive on advertising and has reduced the parking available to Steinbeck's customers. Both parties are considering litigation but want to resolve the dispute on their first. They want to maintain control over the process and decision but recognize that they will need a third party to help come to a resolution. They both value privacy and predictability in the outcome. Please identify the most appropriate form of ADR that the parties should use to resolve their dispute. Please list two advantages and two disadvantages for that form of ADR you identified. Further, please identify the document one of the parties would have to complete to sue the other party and identify which court would be most appropriate. (7 points)

In each of the following scenarios, please identify if there is consensus between the parties (valid offer and proper acceptance), and explain why or why not? Please read each scenario separately (10 points)

Dickinson makes an offer to Grisham with a deadline of Wednesday at 4:00pm. Grisham contacts Dickinson at 4:05pm and accepts the offer.

Dickinson makes an offer to Grisham. Grisham accepts Dickinson's offer within the deadline and adds an extra service to the offer.

Dickinson makes an offer to Grisham, with no deadline, to purchase fruit from Grisham's orchard to put in Dickinson's store. Grisham calls Dickinson 8 months later and accepts her offer.

Dickinson makes an offer to Grisham and says to provide acceptance by "phone call, text, email, or letter" with a deadline of Friday at 5:00pm. Grisham mails her acceptance Thursday at 4:35pm and Dickinson receives the acceptance the following Tuesday at 3:30pm.

Dickinson makes an offer to Grisham to purchase his car and says to "give me a call" with your acceptance or rejection and gives a deadline for Thursday at noon. Grisham mails his acceptance Thursday morning at 11:00am.

Charles Dickens owns a tech company that is growing fast. One night, Charles is out at a bar having a few drinks when he comes across Willie Nelson. Charles brags about how well his business is doing and, seeing a financial opportunity, Willie offers to purchase 50% of Charles' business to which Charles accepts. The next day, while at work, Charles receives a visit from Willie's lawyer with documents to sell 50% of the business to Willie. Charles says that he will not sign the documents and claims that he was drunk when the conversation happened. Please identify the legal steps that Charles isrequired to prove to escape the contract. Applying the appropriate legal test to the facts, please state if there is a binding contract and explain why or why not? (6 points)

Louis Armstrong, a collector of movie memorabilia, bid $250,000 on the Batmobile. After taking delivery, he discovered the car was not the car actually used in the film "Batman," it was merely one of five cars used to promote the film. He now wants to cancel the contract and the seller is refusing. What form of mistake did Louis Armstrong make? What are his legal options? If it was discovered that the seller lied about the car, then what legal principle would be identified and what would Louis Armstrong's options be? (4 points)

Rhianna Corp and Sheeran Ltd. have entered a contract whereby Rhianna Corp. is going to ship product from Sheeran Ltd.'s food processing plant to local retailers. During production, and before any food is delivered, the provincial government changes the law that requires food processors to carry a particular permit. Sheeran Ltd. does not have that permit and, as a result, are unable to process the food for shipment. Sheeran Ltd. notifies Rhianna Corp. to cancel the contract. Rhianna Corp. is upset and sues Sheeran Ltd. because now they do not have product to ship to their retailers. Will Rhianna Corp. be successful in court if they sue Sheeran Ltd.? What form of contract discharge can Sheeran Ltd. argue to escape liability? If the court agrees with Rhianna Corp., what remedies can they receive? If the court agrees with Sheeran Ltd., what is the outcome of the contract? (5 points)