Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Tamer and his wife Marcia have three children: Lucas, Anthony and Lucy. They live in Oakville, Ontario. Tamer is employed at the Halton nuclear plant

Tamer and his wife Marcia have three children: Lucas, Anthony and Lucy. They live in Oakville, Ontario. Tamer is employed at the Halton nuclear plant as a safety inspector. He likes to kick back and hang out at Dave's bar. Marica is the one of reason and runs the household.Lucas is a mischievous kid who likes to take things for fun. Lucas's nine-year-old brother likes to advocate for global causes. Lucy is the two-year-old toddler who likes to suck on her pacifier.

Tamer wants to run for Mayor of Oakville. He wants to make Oakville a prosperous place for all. He convinces his long-time friend Johnathan, his high school classmate from long ago to become his campaign manager. They sign a written contract which says that Johnathan will be managing Tamer's election campaign and that Tamer will treat Johnathan to dinner at the end of the campaign. The terms of the contract also state that during the campaign, Johnathan is not to work for any other candidate's campaign.

The current mayor of Oakville, Brigette is Tamer's opponent. During the campaign, she offers Johnathan $250,000 to work for her campaign. Johnathan accepts the offer and resigns from Tamer's campaign.

Is there a binding contract between Tamer and Johnathan?

Support your choice above by (1) stating the applicable law for forming a binding contract and (2) applying that law to this case.

Immediately after Johnathan informs Tamer that he has jumped ship and joined Brigette's campaign, Tamer sues Johnathan for breach of contract. What is the most appropriate remedy that a court would grant? Choose the most correct answer.

  1. Expectation damages
  2. Punitive damages
  3. Injunction
  4. Specific performance

Support your choice above by (1) stating the applicable law foryour chosen remedyand (2) applying that law to the facts of this case. (Cite any relevant cases. Do not cite law for remedies you did not choose.)

Mr. James does nothave a legal obligation to make the $28 million hospital donation because of:

  1. The failure to form an agreement.
  2. The lack of consideration.
  3. The absence of an intention to form legal relations.

Support your choice above by providing the applicable and explaining how that law applies to the facts.

Alex is the richest person in Oakville. He owns and runs the nuclear power plant that Tamer works at. He also owns most of the real estate in downtown Oakville.Alex has a new business idea of starting his own private school to teach students his investing secrets. He calls his school Minds Institute. The website for Minds Institute contains many statements that try to convince people to enroll in courses.

What is the legal status of the following statements? Are they considered, under contract law, to be a "puff", a "representation" or a "term"?

"You will get rich overnight!"

  1. Puff
  2. Representation
  3. Term

"Once your tuition is fully paid, you are entitled to take up to five courses."

  1. Puff
  2. Representation
  3. Term

"The tuition for each course is $12,000."

  1. Puff
  2. Representation
  3. Term

"You will unlock the secrets of Alex's investing."

  1. Puff
  2. Representation
  3. Term

Alex hires a team of salespeople to aggressively sell Minds Institute courses. Tamer is always on the hunt for ways to become rich.A Minds Institute salesperson visits Tamer at home and informs him that the courses are taught by the best real estate professionals. Homer signs a contract to take 5 courses for $60,000.

Tamer pays the full amount upfront to Minds Institute. After taking one course, Tamer is disappointed. Because of his limited education, he cannot follow or understand much of the material. As well, the instructor is Billy Craig, who has no experience or training in real estate. Tamer demands his money back.

What type of contractual defect is the most applicable to Tamer's condition?

  1. Misrepresentation
  2. Duress
  3. Unconscionability
  4. Invitation to treat

Fully set out the applicable law for the contractual defect that you chose above.

Determine if Tamer is entitled to a refund by applying the applicable law to the facts of this case.

Lucas hates living in Oakville. He hates it so much that he bought a billboard ad which says "OAKVILLE SUCKS". In response,Oakville City Council passed a by-law which prohibits billboard advertising which "is offensive in any way". Due to that by-law, the City fines Lucas $20,000 and orders him to take down his billboard.

Is the by-law considered to be public law or private law?

  1. Public law
  2. Private law

Does the Charter of Rights and Freedoms (Canada) apply to the by-law? State the applicable law and apply that law to the facts of this case.

Assuming the Charter applies to the by-law, what specific right or freedom under the Charter may be infringed by the by-law? (State the applicable law and apply that law to the facts of this case.)

Is the by-law valid under section 1 of the Charter? (State the applicable law and apply that law to the facts of this case.)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Tort Law Text Cases And Materials

Authors: Jenny Steele

5th Edition

0198853912, 978-0198853916

More Books

Students also viewed these Law questions

Question

How far can wifi signals reach in a network?

Answered: 1 week ago

Question

1. What does this mean for me?

Answered: 1 week ago