Question
Donald , who enjoys lying on the sand all day with a bottle of Appleton's Dark Rum , has a discussion with Lisa on the
Donald, who enjoys lying on the sand all day with a bottle ofAppleton's Dark Rum, has a discussion with Lisa on the beach one day.It is 4:00 p.m. on a Saturday inJuly 2019, and Donald has consumed enough rum to beimpaired, but is capable of having a conversation.
Donald asks Lisa about her upcoming university education, her future plans, and the costs associated with university.He then tells Lisa of his plans to build his dream cottage.He offers to buy Lisa's land, on which he can build his dream cottage and suggests to Lisa that once it is builtshe can stay at the cottage anytime that he is not in Canada.Donald offers Lisa$125,000 Cdn.for her land.He tells her he will pay these funds to her in cash onAugust 30, 2019.Lisa is extremely happy with the offer and accepts it.She shakes Donald's hand.Nothing is put in writing.
Donald has not applied for any financing as he will use his own cash to pay Lisa.He also commits nothing to writing, assuming that he will get a Deed for the land from Lisa at the end of August when he pays her $125,000 Cdn.He has also not considered whether he needs anypermits or approvals for acquiring the land.
Over the next 20 days, Donald engages a contractor,John Cahill Construction, to beginbuilding a foundationfor what will be his cottage.The contractor installs a concrete foundation.The contractor hasbuilder's insurance coveragethat will cover loss or injury to persons during the course of construction.Donald plans to build the cottage the following year (summer of 2020).The foundation is partly covered with plywood to keep the elements out, but theproperty is not cordoned off, barricaded or protectedin any other way.
After the installation of the foundation, a neighbour's10 year-old-child wanders over to the property and falls into the foundation, breaking her leg and suffering serious head injuries requiring surgery.Theinjuriesto her head are serious enough that she may not be able to work productively in the future.
On August 20, 2019 (10 days before closing), Lisa advises Donald thatshe does not intend to complete the land sale to Donald.She tells him that they have no deal.
Discuss the potential legal issues (both contract and torn) that may arise in this fact pattern.Indicate whether there is any further information that you need in order to identify legal issues.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started