Question 5

1. Susan Luckman agreed to purchase a white 2005 Chevy Malibu from Brice Used Car Dealers. Two weeks later, Susan went to pick up her new car and discovered that the windshield wipers and lights were not working properly. Susan refused to accept the car and pay the remainder of the agreed purchase price.Which of the following statements is correct:
2. 1.Susan must accept the car but can claim against Brice for the cost of doing the necessary repairs.
3. 2.Susan will be obliged to accept the car and pay the remainder of the price as the contract was substantively performed by Brice
4. 3.Brice breached a condition of the contract and as such Susan will be entitled to terminate it and obtain a refund of the monies paid
5. 4.Brice breached a warranty of the contract and as such Susan has the right to terminate thecontract and obtain a refund of the monies already paid.
6. 5.Brice has fundamentally breached the contract and Susan can seek punitive damages

Question 6

Which of the following statements is FALSE?

1.common law is judge-made law

2.many civil law cases involve torts and contract law

3.mediation is usually faster and cheaper and more private than litigation

4.statutory law is created by judges following precedents set in earlier cases

5.jurisdiction is the legal right of a court to hear a case

question 11

Which of the following statements is FALSE with respect to arbitration proceedings:

1.Arbitrators assist the parties in negotiating a settlement

2.Arbitration proceedings may take less time than it does to litigate a matter in theregular court system

3.Arbitration proceedings are normally conducted without many of the proceduralrequirements of a formal trial.

4.An arbitrator must be neutral

5.Awards by arbitrators are just enforceable as court judgements.

Question 41. (10 marks)

On July 1, 2019, Susie Goldilocks went to visit her friends, the Bear family at their home in the woods.When she arrived, she knocked on the door and called out.There was no answer.She tried the doorknob and found that the door was unlocked.She opened the door a crack and called again but there was still no answer.She thought this was strange.She let herself inside to look around.There was no one home but there was some food on the kitchen table.Mama Bear was always saying things like, "Make yourself at home" and "No need to ask dear, just help yourself".She decided to do just that.She ate up all of the porridge in the smallest bowl (the temperature was "just right").She decided to stay to guard the house until the Bears returned.She then went to lie down in Baby Bear's bed, where she fell asleep.When they returned home, the Bears found Susie asleep in the bed.Papa Bear is fed up with little Susie Goldilocks and wants to sue her in Small Claims Court.

What legal claims could the Bear family make against Susie and what defences, if any, would she have to those claims?