Question 2

Lazlo purchased a Samsung S7 smartphone from a local Toronto retailer in 2019. Initially, he was very happy with the phones' performance, including the convenience of its extended battery life. This satisfaction ended abruptly, however, when Lazlo notice his pocket warming up, and upon pulling his phone out to investigate, felt it explode and catch fire in his hands. Lazlo was driving a vehicle at the same time so he quickly pulled over and tried throwing the phone out the car window. He did not initially succeed because, to his horror, the burning phone had stuck to the flesh of his hand. In great pain, Lazlo then drove himself to the hospital. There, doctors confirmed that the explosion had caused severe burns to Lazlo's hands and wrists. Lazlo had to take several months off work to recover.

When Lazlo first purchased his S7 smartphone (S7), he considered it to be a safe product which reviewed well. However, Samsung's Galaxy Note7 had the opposite reputation - it was actually considered to be dangerous. Indeed, the Note 7 had been made subject to a product recall around the time of Lazlo's purchase because its defective battery system caused short-circuiting, leading the phones to sometimes burst into flames. Infact, the Note 7s were considered such a menace that they were banned on Canadian and US airlines - both in the cabin itself and in checked luggage. Samsung offered refunds or replacement phones but class actions against Samsung in relation to Note7 have still been proposed in the United States and Canada, for example.

Lazlo wondered if the S7 was being afflicted by the same battery problem as the Note7 and his internet search confirmed that several class actions had been commenced in the United States in relation to S7s catching fire and causing damage. The class actions allege that the S7 devices, along with several other Samsung models, are defective because they can overheat and explode. Lazlo is very relieved to have found a Canadian law firm that is pursuing a proposed class action against Samsung in relation to the S7 and Note7 as well as other Samsung models, and he would like to join it. But whether alone or as part of a class action, Lazlo wants to recover damages from Samsung for the terrible pain he suffered from being severely burned, his loss of income while he was off work, and the fact that one hand suffers from numbness that could well be permanent.

Applying the relevant and correct principle(s) of law discuss the following questions:

a) Identify and explain the most applicable tort Samsung may have committed in relation to its S7 product (4 marks)

b) Discuss what Lazlo have to prove in order to establish the identified tort and the defence(s) (if any) open to Samsung in this action? Test the elements of the tort identified against the scenario to determine whether an action based on the tort is likely to succeed. Provide reasons for your answer, with proper reference to the fact situation and the law. (6 marks).

Note: Application means you have to identify the correct legal concept, define it, enumerate the elements and then apply it to the fact scenario before drawing conclusion.

Question 3

a) Frank puts up a sign on his lawn with "Lawn mower for sale. $200 or best offer" and his phone number on it.Margaret leaves a message on Frank's voice mail:"I will buy your lawn mower for $200.00."

Applying the relevant and correct principle(s) of law discuss the following question:

i)Whether a contract has been formed or not. (3 marks)

b) Roberto phones Alicia on Friday and offers to sell her his car for $5,000.00.Alicia tells him that she will get back to him.She emails Roberto the following (Thursday) offering $3,750.00 for the car. Roberto tells her that on Tuesday, he sold the car to Carlos for $4,500.00.Alicia is very angry and writes this email to Roberto "You didn't give me an expiry date for the offer, so it was still open when you sold the car to Carlos.What you did was illegal!!"

Applying the relevant and correct principle(s) of law discuss the following question:

i)Whether Alicia is correct?

ii)Whether the sale to Carlos is valid and enforceable?(4 marks)

c) On Saturday, Vladimir meets Tatiana Downtown for coffee.In the course of their conversation, he offers to sell her his car for $4,000.00.Tatiana says she needs to think about it.Later that day, Tatiana emails Vladimir and offers to buy his car for $3,500.00.Vladimir does not respond. The following Monday, Vladimir sells the car to his old friend Dimitri for $3,500.00.

Applying the relevant and correct principle(s) of law discuss the following questions:

i)Whether an acceptance has been communicated by Tatiana and whether a contract was formed with Vladimir?

ii)Whether the sale to Dimitri is valid and enforceable?(4 marks)

Note: Application means you have to identify the correct legal concept, define it, enumerate the elements and then apply it to the fact scenario before drawing conclusion.