Question
Please help me answer Q1. What are the essential elements of a contract? Explain in detail (15 marks) Q2. What is Tort Feasors Act? Explain
Please help me answer
Q1. What are the essential elements of a contract? Explain in detail (15 marks)
Q2. What is Tort Feasors Act? Explain with example (10 marks)
Q2a. What is Trespassing? What are the laws relating to trespassing in Canada?
Q3.An auctioneer advertised in the newspaper that a sale of office furniture will be held in Ontario. Ajay, a broker of Calgary, reached Ontario on the appointed date and time. But the auctioneer withdrew all the office furniture from the auction sale. The broker sued for his loss of time and expenses. Will he succeed? (10 marks)
Q4.A promise to paint a picture for B on a certain date, day, and price. A die before that day. Can the contract be enforced either by A's representatives or B? (5 marks)
Q5.State whether the following statements are true or false, giving reasons in brief2 marks each (Total 10 marks)
- Silence amounts to acceptance.
- A person of unsound mind can always enter contract.
- An offer and invitation to offer are same.
- In case of anticipatory breach, the damages are higher.
- All contracts are agreements but all agreements are not contracts
Q6.Choose the most appropriate answer-1 mark each (Total 5 marks)
1) An agreement enforceable by law is a ---
- Promise
- Contract
- Obligation
- Lawful promise
2) A void agreement is one which is
- Valid but not enforceable
- Enforceable at the option of both parties
- Not enforceable in the court of law
- Enforceable at the option of one party
3) A valid offer must
- Intend to create legal terms.
- Have certain terms.
- Must be unambiguous
- All of the above
4) An offer may lapse by
- Revocation.
- Counteroffer
- Rejection of offer by offeree
- All of these
5) Agreement the meaning of which is uncertain is
- Void ab initio
- Valid
- Void
- Illegal
Q7. Define Discrimination and its types with one example each. What is BFOR? Give brief detail about Meiorin caseand its importance in BFOR. (20 marks)
Q8.Case study: Maria
This case study is based onMaria Vanderputten v. Seydaco Packaging Corp. and GerrySanvido(No. 2, 3 and 4).
In presenting the case to the Tribunal, the applicant's lawyers raised these issues:
- She was harassed in the workplace and subjected to a poisonedwork environment
- She was dismissed from her job because of her gender identity.
When Maria began working for the packaging company in 2003, her first name was Tony. She was hired as a general labourer on August 24, 2003. In 2008, she was accepted in the gender identity clinic and began transition from living as a man to living as a woman. She started the process of sex reassignment and developed female breasts as a result of hormone treatments. Maria says that she was harassed, subjected to a poisoned work environment and dismissed - all violations of theHuman Rights Code.
Maria said that Gerry, a lead hand and machine operator, played a central role inthe harassment and the incident that led to her dismissal. The packing company said the allegations never happened. The company argued that it treated the applicant appropriately, considering her a man and treating her like other men until it received medical or legal documentation that she was a woman. They say they fired her because of her attitude and being involved in workplace conflicts that were her fault, as well as insubordination.
Discussion questions:5 marks each (Total 15 marks)
- In what ways do you think Maria might have experienced discriminationin her employment?
- What reasons do you think Maria's supervisor would give for firing her? What do you think of these reasons?
- What remedy do you think Maria should receive because she wasdiscriminated against?
Q9. Define-
2marks each (Total 10 marks)
- Quid pro quo
- Pecuniary damages
- Resperit Demino
- DOCTRINE OF CAVEAT EMPTOR
- PIPEDA
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