Question
The General Manager of Nunzio's Kosher Pizzeria has hired you to wash dishes in the evening. On your third shift, you are finally introduced to
The General Manager of Nunzio's Kosher Pizzeria has hired you to wash dishes in the evening. On your third shift, you are finally introduced to Nunzio. He seems like a nice guy as he welcomes you aboard. You are paid weekly by a cheque drawn from the account of a numbered company called 551999 Alberta Ltd. Nunzio's name is one of the two signatures on the cheques. Things go well for the first two months. Then you are not paid for three weeks in a row. The following week, the pizzeria is shut down. After finding out that the numbered company has gone bankrupt, you see your lawyer about suing Nunzio personally. After reviewing the corporate records, your lawyer tells you that there has been a mistake of identityyour employment contract was with the numbered company, but Nunzio is neither an officer nor a shareholder in that company. What does your lawyer mean by mistaken identity, and how will it apply in your case? 6. Hole-In-One Mini Donuts Co (HIO) was knee-deep in negotiations with Lemon Chicken Enterprises (LCE) for the sale of its deep-fryer machine factory and the adjacent 345 acres of land. HIO presented to LCE an Agreement of Purchase and Sale. While both parties had already agreed to the price of $39 000 000 and many of the other key terms, LCE returned the agreement the next day with a couple of suggested amendments that it felt were essential changes. Before the final version of the agreement was signed, LCE was suddenly told that HIO had sold the factory and adjacent land to a third party. Extremely miffed, the CEO of LCE telephoned the CEO of HIO, wherein the latter admitted that HIO had indeed concluded an agreement but that he had simply changed his mind before the paperwork was done. What HIO's CEO did not know was that LCE recorded the call. LCE has now commenced an action for breach of contract. Assuming Cases and Problems that the recorded conversation is admissible as evidence, will LCE succeed in enforcing the agreement? Provide clear and convincing reasons one way or the other.
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