Question
Several years back, Golden Joe's Geology bought a 1000-acre package of land in the Northwest Territories. When he purchased the property, Joe was sure to
Several years back, Golden Joe's Geology bought a 1000-acre package of land in the Northwest Territories. When he purchased the property, Joe was sure to purchase the mineral rights as well. For years, Joe spent his summers panning for gold on the property. Recently, quite by accident, Joe discovered that his land is at the heart of a potentially lucrative diamond stash. Joe is overjoyed and has decided to sell his property so that he can retire to a tropical locale. He has agreed to sell the property and mineral rights to Prospectus Prospecting, which will invest the money needed to mine and process the diamonds. The agreement is drawn up and signed by both parties, and everyone is satisfied. However, when the actual land transfer is about to take place, it is discovered that the Crown grant of property to Joe has been substantially revoked. As a result, the land available for sale is in fact reduced by 90 percent. Is Joe still entitled to performance of the contract with Prospectus? Explain why or why not. As a prudent business manager, could Joe have better protected himself against such a possibility? Explain how.
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