Question
Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues, and analysis. 8. Joe advertised his house for sale
Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues, and analysis.
8. Joe advertised his house for sale and Sam came to have a look at it. While there, they haggled and struck a bargain that Sam would purchase the house for $400,000. They shook hands on the deal and Sam went home. That night, while thinking about it, Sam realized that the house wasn't exactly what he wanted, and so the next day he wrote a letter to Joe stating, "I'm writing this note to let you know that I've changed my mind with respect to the purchase of your home for $400,000, and since the contract isn't valid in any case, I don't expect to hear any more of the matter. Sincerely, Sam." Joe sued Sam for breach of contract. Discuss the legal position of the parties, including any defenses available to Sam.
9. Joe made an offer to sell his car to Harry, promising to keep the offer open for a week. However, he changed his mind, sold the car to someone else, and phoned Harry to inform him that he was withdrawing his offer because he had sold the car to someone else. Harry was angry and said that he wanted the car and was going to hold him to his promise to hold the offer open for a week. He sued for breach of contract. Will he win? Explain.
10. The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favor of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when, in reality, it was a second substantial mortgage on their home. Neither read the document nor questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non-est factum. Would this defense succeed? Why or why not? Explain your response.
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