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BLAW 3100 Business Law

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BLAW 3100 Business Law

0 Download3 Pages / 620 Words

Course Code: BLAW3100
University: British Columbia Institute Of Technology

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Country: Canada

Questions:

1. s) You are a collector of Martin guitars.  You found one for sale that you thought was manufactured in 1954.  You asked the seller, who had inherited it from his father, when it was manufactured.  He replied that he did not know.  The serial number was not legible so you could not check it out that way.  You bought the guitar anyway, thinking it was a 1954 model.  You subsequently found out it was manufactured in 1956, making it worth much less than you paid for it.  Discuss any contractual remedies for mistake AND misrepresentation you might have against the seller.2. John saw an ad on Craig’s List for a used sit upon tractor mower.  He contacted Cheryl who was selling it. He tried it out and was happy with it.  He gave her the $400 she was asking for it. Cheryl typed out a Bill of Sale and signed it.  Three days later the police arrived at John’s door.  They told him the mower had been stolen, and he would have to return it to the rightful owner.  Discuss John’s legal situation concerning ownership. 3. Janine sold her women’s clothing store to Yvonne.  As part of the purchase agreement, Janine agreed that she “would not engage directly or indirectly in any retail business of any sort within a one-mile radius of the store for a period of five years”.  Six months later Janine wants to open up a men’s clothing store and asks you about the validity of the clause she signed.  Advise her.  4. On January 15, Jimmy signed a contract to sell his Picasso drawing to Marion for $115,000.  The parties were to meet at Jimmy’s residence at 4 p.m. on February 1 and Marion was to give Jimmy a bank draft for the full purchase price, and in return Marion would get the drawing.   Marion has heard a rumour that Jimmy has already delivered the drawing to another buyer, who offered and paid an extra $10,000 for the drawing.  Marion has not seen or heard from Jimmy since they signed the original agreement. Marion still wants the drawing or damages if she does not get it.   Assume it is now the morning of February 1.  What should Marion do and why?   5.  Sherwin went to Collegiate Sports Ltd. with his dad.  His dad told the sales clerk that he wanted some shoes for Sherwin suitable for playing squash.  The sales clerk however unknowingly sold them a pair of running shoes suitable only for jogging.  His dad paid by cash.  That evening, wearing the new shoes while playing squash, Sherwin broke his ankle.  In the ensuing lawsuit, the statement of claim referred to the provisions of the Sale of Goods Act.  Which ONE of the following is true if it were proven that the shoes were inappropriate and the cause of the injury?a.Sherwin could win for breach of contract because he made known the purpose for which he wanted the shoes to a shoe dealer.b.Sherwin’s father would be the proper plaintiff in this action and could win for breach of contract because he made known the purpose for which he wanted the goods and the goods were not fit for the purpose.c.This is a “buyer beware” situation and there would be no remedy for anyone.
d.This is not a sale of goods situation because Sherwin’s father paid by cash.

Answers:
the conditional seller can seize the truck and sue for the balance amount. 
The situation could have been avoided had there been a shareholders’ agreement signed by all the shareholders for such situations.
Vanessa would be paid for the number of weeks or months that would be proper notice of termination period for her. Thus, option (b) is the correct option.
The correct option she was fired in a rude and unnecessarily nasty manner.
Ace would not be bound by the act of agent, Grant, as he not followed the instructions he was given by the company. Thus, option (b) is the correct option.
Jane can successfully sue the directors for breach of contract as the directors have failed to discharge their responsibilities as directors. Hence option (d) is the right option.
Option (c) is the right answer. In case Ted’s dad too involved in the management he would be deemed as a general partner.
Option (c) is the correct option, i.e. partnership exists where Joe and Mary own a shoe store business with the profit and losses divided in 60/40.
No, since the agreement does not contain any specific details regarding the suitability of the farm for cattle. The oral discussion between the Shirin and Joanie would not be considered for the purpose of determining liability of Joanie as even she had no idea about the cattle farming.      
Since the business is a sole proprietorship business and in the name of Janice hence, the liabilities of the business is liabilities of Janice only. James is not liable for the liabilities of the sole proprietorship business. Hence, Willle’s Wax Suppliers will have right to recover the dues of $10,000 from the personal property of Janice but not from James as the business is a sole proprietorship business of Janice.
(a) The liability in this case rests solely with Karla as she was visiting her boyfriend in the time of duty. Since, Karla’s employer was absolutely unaware of such action of Karla the employer will not be liable to George. Hence, Karla will be personally liable to George to make good the losses and damages to George subsequent to the accident.
(b) No, nothing changes in respect of liabilities of Karla and her employer even if George is an employee of Billie’s courier service except that George’s employee will take responsibility to provide him with necessary accidental and other employment benefits in such situations.       
The insurance company can use the callous and careless attitude of Dieter. Thus, insurance company can used negligence as the cause that resulted in fire thus, the company is not liable to pay. The company would be quite successful in its claim. 
Yes, the insurance company can refuse to pay. Because it was negligence on the part of Dieter that resulted fire and Insurance Company does not cover for negligence. 
The Government can use the act which was enacted to allow only people below the age of 19 to sue Municipalities. Thus, the Government can use the provision as a defence against the petition filed by Zelda. 
The bank will have the remedy to recover the dues from Tim however, there would be no liability to Dough as he will have a good right on the property as he purchased the property believing that the seller has a good right.   
Joan will have no right against the Museum as there was no contract between Joan and the Museum. However, Joan can sue Leonardo for fraud and recover damages from him for signing the contract to sell the painting to the Museum at $450,000.

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