Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Dave agreed to rent Erin's vacation cottage in rural British Columbia for two weeks beginning in late July at the cost of $1,500 per week

image text in transcribed
image text in transcribed
Dave agreed to rent Erin's vacation cottage in rural British Columbia for two weeks beginning in late July at the cost of $1,500 per week plus a security deposit. Dave paid the full payment $4,000 ($1,500 x 2 weeks + $1,000 security deposit) in advance In early July, the BL. government declared a state of emergency in the region due to wildfires Dave asked Erin if this affected his rental. Erin said the area around the rental property "has been alright" but acknowledged that the air quality was affected, and supplies, fuel and road access were limited When the BL. government closed all recreational sites and trails in the region and advised people to avoid travelling in backcountry areas where the risk of fire was high to extreme, Dave cancelled rental and requested a full refund from Erin. Erin agreed to return the $1,000 security deposit but refused a full refund based on the cancellation policy set out in the agreement, which allowed to cancel the rental only if the property was struck by "disaster." She claimed the area around the property was not subject to an evacuation order and remained accessible by backcountry roads or through evacuation zones with resident passes. Therefore, they could stay safely in the rental. So, the property was not struck by "disaster." David said this is not acceptable and wants a full refund. They file a claim against Erin for a full refund. David has come to you to for advice on the viability of his lawsuit. Write a legal memo based on the facts and law in the three cases below as to whether David will be successful and based on which legal doctrine? Analyze the following cases: 0 Fishman v. Wilderness Ridge at Stewart Creek Inc., 2010 ABCA 345, o Wilkie v. m, 2017 BCSC 2131 0 PS International Canada Corp. (Seaboard Specialty Grains and Foods) v. Palimar Farms Inc. 2017 SKCA 78; All three cases are available on Canlii The purpose of a legal memo is to educate the reader about the law relevant to a particular issue and to explain how that law will apply to specific facts. A memo presents an objective analysis of the law, not a persuasive argument intended to advocate on behalf of a client. A memo is typically an in-house document that tries to predict how an impartial judge would decide the case. In working on the Legal Memo Analysis you are at liberty to consult outside

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Strengthening The Rule Of Law In Europe From A Common Concept To Mechanisms Of Implementation

Authors: Werner Schroeder

1st Edition

1509928871, 978-1509928873

More Books

Students also viewed these Law questions

Question

Why are stereotypes so resistant to change?

Answered: 1 week ago

Question

4. Similarity (representativeness).

Answered: 1 week ago