Compare and contrast the Alternative Dispute Resolution methods covered in this course. Briefly explain why one might want to use each of these methods in preference to court proceedings to resolve a legal dispute.

A statute passed by the federal or a provincial government could discriminate on the basis of age, yet be upheld by the courts. Explain the basis on which such a statute could be challenged, under what circumstances the courts could uphold it, and give an example.

Mike's Auto was selling a used car. They advertised the car as being in "perfect working order", which Mike's believed to be true based on statements made to Mike's by a previous owner.

Hank saw the advertisement and were impressed by it. Using Mike's standard form, Hank offered to buy the car at a price of $15,000. On the form right above Hank's signature appeared the following clause:

"The buyer agrees that it is relying on its own inspection of the condition of the goods and that there are no representations, warranties, guarantees of terms on the part of the seller other than those that appear herein in writing."

Hank mailed the offer to Mike's on September 10. Mike's received the offer on September 15 and that day sent Hank a fax that said:

"We welcome your interest in the car but cannot accept the price. We would be willing to sell it to you for $16,500. Mail us your reply on our standard order form."

The next day, when Hank's manager received the fax, she telephoned Mike's representative and said: "We really can't afford to pay that much. Is that your lowest price?"

Mike's representative replied: "Yes"

On September 19 Hank filled in Mike's standard order form agreeing to pay $165,000 for the car and mailed it to Trustee.

On September 21 Mike's received an offer by phone from Betsy to buy the car for $17,000, and Mike accepted the offer immediately by phone. That day Mike phoned Hank to let it know that the car was no longer available because it had been sold to Betsy.

Mike received Hank's order form on September 25.

Hank has threatened to sue Mike for breach of contract.

a) Assess any legal rights Hank and Betsy have against Mike's, making reference to any applicable cases.

b) Hank says that even if Betsy does have a contract with Mike's, Betsy's contract would have no legal effect because it was not in writing. Is this argument valid? Give full reasons.

c) Assume that Mike's and Hank do have a contract for purchase and sale of the car. The day after taking delivery of the car, Hank has it inspected by a mechanic who says that the car is in poor shape and requires about $2,000 worth of repairs before it can be used. Hank does not want the car and wants to return it to Mike's based on the fact that it is not of acceptable quality and because of the inaccuracies on the advertisement. Assess any legal rights and remedies Hank might have in this situation, with references to any applicable cases.

d) Hank was counting on having the car to perform overdue work on a job, and was stunned to hear, after entering into the contract, that the manufacturer has recalled all the same model of car that he purchased, saying that due to an extreme engine deficiency they are hazardous to operate and cannot be sold. Hank wants to sue Mike's as they needed the car and have mounting expenses due to not having it. Advise Trustee as to defences available to them and whether they are liable for Hank's expenses, with references to all relevant case law.

1. Fill in the Blanks with the Correct Term from the Following List (1 mark each): Unilateral offer unilateral mistake common mistake Mutual mistake unconscionablety Misrepresentation Void voidable Contract law Rule of offer counteroffer Counteract Undue influence mirror image rule invitation to treat contract with an intoxicated person special relationship acceptance by conduct. acceptance which fails to meet the mirror image rule contract to sell cocaine in Muscat must be clear and complete inducementQuestion 38 2 pts The U.S. Supreme Court has the authority to strike down an executive order signed by the President if the Court determines that the executive order violates the U.S. Constitution. True False Question 39 2 pts Under federal law, discrimination because of pregnancy status is illegal True False2 pts Normally, when a non-breaching party has been damaged by a breach of contract, he or she has a duty to mitigate those damages. O True O False D Question 17 2 pts Courts generally do not grant specific performance of contracts for sales of unique goods O True Fahe Question 22 2 pts Under the Uniform Commercial Code (UCC), in a sales or lease contract for goods, the acceptance must be the "mirror image" of that what was offered. O True False D Question 25 2 pts Which of the following are damages that are generally not available under contract law for breach?Question 5 Define Brooks' Law (1 mark) and explain how the law can affect a large systems development Not yet project (4 marks) answered Marked out o 5.00 A v B I E O Flag que on WhatsApp Image..jpeg WhatsApp Image..jpeg WhatsApp Image..jpeg WhatsApp Image..jpeg Wha