Questions 1) "We have a parliament to pass laws, a government to administer laws, and a police department to enforce laws. Ironically, these potent instruments for the restriction of liberty are necessary for the enjoyment of liberty." Comment on the meaning of this quotation. 2) One of the major purposes of private law is to settle disputes between businesses. How can the settlement of a particular private dispute make a contribution to business community as a whole? 3) Should an injured party be able to recover damages despite her own conduct was negligent? 4) Why were courts initially reluctant to recognize liability for negligent misstatements to non- clients? How did decision in Hedley Byrne v. Heller & Partners address issue? 5) Explain what occurred in the case of Carlil v. Carbolic Smoke Ball Company. Did it concern a unilateral or bilateral contract? What is the difference between them? 6) A firm of public accountants has for years been auditing the accounts of a charitable organization without charge. It now appears that the treasurer of the organization has absconded with a sizeable amount of money and that an application of general accepted auditing standards would have disclosed the defalcation in time to avoid the loss. Does the charitable organization have any recourse against its auditors in these circumstances? 7) Give examples of persons of diminished contractual capacity. What special problems does such persons face when they want to deny responsibility under a contract? 8) Suppose P contracts to buy 10 tonnes of corn grown in the county of Haldimand from S. Because of a local drought there is insufficient corn, but S can quite easily obtain corn of the same quality from the adjacent county of Frontenac. Has the contract been frustrated? Give reasons. 1 of 1