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Gina Potter owned a farm that had a rather odd-shaped land formation at its centre. Gill, a road contractor, suspected that the land formation might
- Gina Potter owned a farm that had a rather odd-shaped land formation at its centre. Gill, a road contractor, suspected that the land formation might contain a quantity of gravel. He entered into a purchase agreement with Gina to purchase the farm for $280,000. The method of payment was not specified.Before the date fixed for Gill and Gina to exchange the deed and payment, Gina heard rumours that Gill wished to buy the farm because it contained a "fortune in gravel." Gina accused Gill of trying to steal her land by offering her only a fraction of its true worth. She instructed her lawyer not to prepare the deed. In actual fact, the $280,000 was slightly more than the value of most similar farms in the area.On the date fixed for closing, Gill arranged with the bank for $280,000 in cash. He drove to Gina's farm with the money in a briefcase. At the gate, he met Gina who refused to allow him entry. Pointing to the briefcase, Gill said that he had the money and wanted the deed to the land. Gina refused, so Gill returned to the city.
- If you were Gill's lawyer how would you characterize what happened and Gill's rights as a matter of law? (3 marks)
- Would your answer be different in 1(a) if Gill showed up with a cheque for
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