Mid Term Assignment (Chapters 1 -8) Type your answers right into this document underneath the questions. All of the answers to these questions will be found in your textbook. Due: October 23rd. As this takes the place of your midterm, no late submissions will be accepted. 1. Do business people make good ethical choices? Explain by providing 2 brief examples. (2 marks) 2. Explain why the law of equity developed. (2 marks) 3. "The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement. (2 marks) 4. Explain the relationship between regulations and statutes. (2 marks) 5. Distinguish between a criminal and civil trial. (2 marks) 6. What is the standard of proof used in a criminal matter? (1 mark) 7. Who prosecutes a criminal matter? Who brings a civil action? Who are the parties in a civil action? Who are the parties to appeal of a civil action? (4 marks) 8. Distinguish between a question of fact and a question of law. (2 marks) 9. Describe the court structure in place in your province. (2 marks) 10. Explain under what circumstances the courts may be closed to the public and press. (2 marks) 11. Explain under what circumstances a ban on the publication of court proceedings may be imposed. (2 marks) 12. Describe the types of remedies that can be requested by a plaintiff in a civil action. (2 marks) 13. What is a statement of claim? (1 mark) 14. What does the statement of defence contain? (2 marks) 15. Explain what is meant by a "garnish." (1 mark) 16. Indicate any limitations on the operation of the garnishment process. (1 mark) 1 17. Explain how your right to defend yourself is limited.(1 mark) 18. Joe wandered onto Sam's land, not realizing that he crossed the property line. Sam found him there and sued him for trespassing. Explain the likely outcome. (2 marks) 19. Joe was chased onto Sam's land by a group of thugs and hid behind Sam's rose bush to escape them, causing some damage. Sam sued Joe for trespass. Will he win? (1 mark) 20. Joe is struck by a car driven by a careless driver and thrown 30 feet onto Sam's property, causing damages to his prized rose bush. Is Joe responsible? (1 mark) 21. Joe was jogging along a quiet jogging trail beside a river when he met Sam coming the other way. Joe stopped, and in conversation with Sam, accused him of stealing and shoplifting from Joe's store. Sam was appalled, got extremely irate, and struck Joe in the face. Joe was injured, suffering a broken nose and significant bruises. Finally, after some time, another jogger came along on the trail and broke up the fight. Joe sued Sam for battery and Sam sued Joe for defamation. Explain the likely outcome. (2 marks) 22. What elements must be established in order to sue another for false imprisonment? (1 mark) 23. Joe went to Sam the barber for a haircut. When Sam finished, Joe looked in the mirror and was shocked at what a terrible haircut he had received. He refused to pay and got up to leave. Sam refused to let him go and insisted that Joe stay while he phoned the police. Joe did so. When the police arrived and Sam explained the situation to them, they told him that they wouldn't arrest Joe, and Sam would have to pursue some other remedies. Joe later sued Sam for false imprisonment. Explain the likely outcome. (2 marks) 24. Joe is a publisher for a newspaper and relied on Harry's account when he published an article stating that a councillor, Sam, had been caught making indecent telephone calls. It turned out later that Joe had misunderstood, and it was someone else that had made the calls. Sam sued for defamation. Will he succeed? (2 marks) 25. Following an account broadcast on the TV station the night before about a particular city councillor having been pulled over for drunk driving, Joe, a political cartoonist, drew a political cartoon of the councillor, obviously drunk and with his clothes in disarray, having difficulty walking down a straight line on the road with a sober police officer looking on. This was published the next day in the paper for which Joe works. The city councillor involved had disagreements with Joe in the past and intensely disliked him. It turned out that the story published on TV was an error, but the city councillor chose not to sue the TV reporter and the station, but rather he sued Joe for defamation. What would Joe's best defence be? Indicate the likely outcome. (2 marks) 26. Joe was drunk and driving his car. When he saw Sam on the side of the road hitch-hiking, he opened the door and offered Sam a lift. Sam got in despite the fact that he could smell alcohol on Joe's breath. Subsequently, Joe was in as accident, in which Sam was injured. 2 Sam has sued Joe for negligence. Indicate what likely defence Joe would use in these circumstances and whether it would be successful. (2 marks) 27. In Canada, under what circumstances will the owner of property be held strictly liable for his conduct? (1 mark) 28. In Canada, in order for a manufacturer to be held liable for injury caused by his product to an ultimate consumer, what must be shown? (1 mark) 29. What is the role of self-governing professional bodies? (2 marks) 30. Describe three different types of insurance that a business person might obtain in relationship to his business. (2 marks) 31. Which of the following shows accurate use of the doctrine of promissory (equitable) estoppel? A) Val told Jim that she would give him her printer. If she doesn't, Jim could use the doctrine to force her to do so. B) George rented a video and watched it with Elaine. She thought the movie was great and said she'd pay half the rental price. George could use the doctrine to force her to pay as she promised. C) This doctrine can be used by a plaintiff to enforce a written promise that has been signed and sealed (i.e., a seal has been affixed next to the signature of the promisor). D) Bruce, a defendant, can use this doctrine as a defence against a plaintiff insisting on his full legal right when he had promised to forgive Bruce some of Bruce's legal obligation and Bruce relied on that promise. E) Lam contracted to supply Jones with steel. Before the steel was delivered, Lam's supplier increased the price. Lam could use the doctrine to force Jones to pay more to Lam. (1 mark) 32. TRUE OR FALSE Only the essential terms of a contract must be set out in the offer. (1 mark) 33. Distinguish between a void and a voidable contract. (2 marks) 34. List the five ingredients necessary to form a contract. (2 marks) 35. Distinguish between a formal and a simple contract. (1 mark) 36. Joe offered to sell Harry his car and agreed to hold the offer open for one week, expiring Saturday at noon. The Sunday after the offer was said to have expired, Harry phoned Joe to tell him that he decided to accept his offer and purchase his car. Joe said at that time that he had decided to keep the car and was just about to phone Harry to revoke the offer. Harry said, "Too bad," and demanded performance of the contract. Explain the legal responsibilities of the parties. 3 (1 mark) 37. Joe offered to sell Harry his car for a specific price and Harry indicated that he needed some time to think about it. Two days later, Joe sold the car to a third party. That afternoon Harry phoned Joe and told Joe that he had decided to accept the offer and that he'd buy the car. Joe told him that it was too late; he had sold it to someone else. Harry said that it was offered to him first, and he insisted that he go through with the contract. Explain the legal liability of the parties. (2 marks) 38. A one-sided promise the courts will not enforce is known as ________. (1 mark) 39. Randy, as his two older brothers before him, moved out of the house when he was quite young. When he was 17, he and his older brother, Ted, wanted to buy a condominium in Nelson. They both had jobs and the bank was willing to lend them money and take a mortgage on the condo. Which of the following is a correct statement about the law governing this situation? A) These contracts would be binding on Randy only if he disclosed the fact that he was a minor to the other parties. B) All contracts with infants are void. C) The mortgage agreement would be binding on Randy as an adult if he continued to make payments after reaching the age of majority. D) A mortgage granted by Randy to the bank is effective until a court orders otherwise. E) All infants' contracts are enforceable as soon as they become adults. (1 mark) 40. Joe was unable to find work in the city where he lived and had to go to the mining camps up north to find work. When he left, he agreed to send his wife $2500 a month from his pay to support her and their children. In fact, he had some unexpected expenses and failed to send the promised funds for two months. Which of the following correctly states the legal position of the parties? A) Since this is a domestic relationship, there is a presumption that there is no contract. B) Since this is a domestic relationship, there is a presumption that there is a contract. C) Because of the marital obligation, there is always an enforceable contract in these circumstances. D) The court will make no presumptions in these circumstances because there is never a contract between husband and wife. E) The court will enforce the promise only if they determine it to be reasonable. (1 mark) 41. What must a person establish in order to escape contractual obligations on the basis on insanity? (2 marks) 42. What is a guarantee? (1 mark) 43. Gomer paid the seller of a car with a worthless cheque. He then sold the car to an 4 innocent person who paid him good consideration. Gomer took the money and left the country. The original seller found out who had the car and wanted it back. Who is entitled to the car if the court holds that the contract between the original seller and Gomer is voidable? A) Original seller B) Gomer C) Innocent purchaser D) The innocent purchaser, but he must pay damages to the original seller E) The original seller, but he must pay compensation to the innocent party (1 mark) 44. Mr. Ho talked with Mr. Tarr, who ran a business called Roscali Roofing. Mr. Ho agreed to pay Tarr $250 for the repair of his roof. In time, Gene Fix, Tarr's employee, came to Mr. Ho's and worked on the roof. Fix used the wrong material in the repairs, which made all his effort worthless, and during the next rain the roof leaked as before. Which of the following is true? A) Ho could successfully sue only Tarr for breach of contract. B) Ho could successfully sue only Fix or Tarr for breach of contract, whichever he chooses, but not both. C) Ho could successfully sue Fix and Tarr for breach of contract since they were both connected with the job. D) If Tarr doesn't pay Fix, Fix could sue Ho directly for his pay because he worked on Ho's roof. E) Ho could only sue Tarr because he is the one who did a poor job of the roof. (1 mark) 45. Distinguish between innocent and fraudulent misrepresentation, indicating why the distinction is important. (2 marks) 46. Distinguish between duress and undue influence. (2 marks) 47. The principle that courts will not permit outside evidence to contradict clear wording of a contract is known as ________. 1 mark 48. Sam sold the house to Jones without telling Jones about the lease. When he discovered Joe in the suite, he demanded that Joe leave. Explain the rights of the parties in terms of privity of contract. (2 marks) 49. Indicate what must be present in order for an assignment to qualify as a statutory assignment. (2 marks) 50. Explain what is meant by an "involuntary assignment." (1 mark) 5