Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Harrison and Gloria have been negotiating over the sale of bulk raw materials (lumber, iron and steel). Each party has had an army of lawyers

Harrison and Gloria have been negotiating over the sale of bulk raw materials (lumber, iron and steel). Each party has had an army of lawyers acting on both sides trying to get the deal done and it has been negotiated for over the last 2 years. Harrison owns steel and paper mills in the United States (US), and Gloria is a developer in Ontario, Canada. After 2 years of negotiating, the deal is on the verge of falling apart. In a last ditch effort, Gloria invites Harrison to her Estate in Ontario, Canada. They both muse about their glory days, talk about their children, their businesses, and consume copious amounts of alcohol. As the night progresses Harrison begins to appear intoxicated. Gloria proposes a contract to Harrison for the purchase of the bulk raw materials and a price is verbally agreed to of $30,000 (USD). The printed contract records the price, in error, in Canadian dollars. Harrison signs the contract in any event and then decides to leave Gloria's estate for a red eye flight back to the US. The next day Gloria sends a demand letter through her legal counsel for delivery of the materials within 48 hours (this was the delivery date contemplated in the contract and is the normal delivery time contemplated in the industry). Harrison has no idea what is going on. Gloria explains that they signed a contract the night before and closed the deal on the transaction. Gloria sends Harrison a copy of the contract. Harrison shows it to his legal department. About 30 days later, Harrison tells Gloria the contract they signed is not enforceable (no reasons stated) and sends her an offer for sale of the goods in the amount of $50,000 (USD). Harrison says that this is the fair market value of the goods, and he just wants to be able to break-even on the cost of the goods. Harrison explains to Gloria that he would be taking a loss of $20,000 + if he were to sell at the original price. You are a paralegal/senior clerk working at a large civil litigation firm and are asked by one of the partners to draft a memo of law on all the possible claims and/or defenses that Harrison or Gloria can bring against each other. Assume for the purposes of this assignment that the law that applies is the law of Ontario. Utilize all applicable case law, statutes, legislation and academic articles or secondary sources in your answer.

3. In Appendix C include a copy of the sections of any applicable statutes and regulations if any apply to your problem. Properly cite the sections that you provide. Do not include the entire statute. 

Step by Step Solution

There are 3 Steps involved in it

Step: 1

Memo of Law Re Potential Claims and Defenses in Contract Dispute Between Harrison and Gloria ... 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

Step: 3

blur-text-image

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

Understanding Cross Cultural Management

Authors: Marie Joelle Browaeys, Roger Price

3rd Edition

1292015896, 978-1292015897

More Books

Students also viewed these Law questions

Question

Explain the operation of the dividends received deduction.

Answered: 1 week ago