Commercial Law assignment

Part I: Short Answer (40%)

Answer each question with a few complete sentences

1.    Identify and briefly define the elements of a valid contract? (12pts)

2.    When can an offeror revoke or withdraw an offer? (8pts)

3.    Identify and briefly describe three (3) types of damages that a plaintiff can sue for in a tort claim. (10pts)

4.    Compare and contrast three (3) ways that corporations differ from partnerships. (10pts)

Part II: Case Studies (60%)

There are two (2) case scenarios.

Each case has its own facts and circumstances.  If you need to make any assumptions about facts that are not included within the scenarios, state which assumptions you are making in your answer.

Case 1

For this first case, you are required to identify the issues and respond to the question by applying Contract law principles to the issues you identify.

You must identify:
(i)    the issue,
(ii)    the rule,
(iii)    your analysis,
(iv)    your conclusion.

For example, if there is an issue about whether there is a properly communicated offer, you are required to state:
(i)    the issue (whether the offer was communicated)
(ii)    the rule (what are the rules of communicating offers)
(iii)    your analysis (how do the rules of communicating offers apply in the circumstances of the case)
(iv)    your conclusion (based on your analysis, was the offer communicated).

There are at least two (2) issues, but there may be several.  Although you may identify more than three (3) issues, please limit your answers to three (3) issues.

Your answers are to be in paragraph form with full sentences.

On September 1st, Carl sent Bob a letter (which he got on September 3rd) offering to purchase some farmland from him for $14,500.00.

On September 15, 2014, Bob sent Carl a letter in response and says he’ll accept Carl’s offer to purchase his land for $15,000.00.  However, Carl is away camping with his son.  His wife calls Bob and leaves him a message advising that Carl is away and will respond to the letter when he returns.  On September 25th, Carl returns home and reads Bob’s letter.  He drops a letter in the mail that day with a cheque payable to Bob in the amount of $15,000.00.

On September 26th, after not hearing from Carl, Bob calls Carl and leaves him a message advising that he is going to sell his land to someone else.  He then sells the land to Gerry for $15,500.00.

If Carl takes a legal action against Bob for breach of contract, do you think he will be successful?  Identify some issues which could be litigated and explain your reasoning.

Case 2

For this case, you are asked to determine what cause(s) of action and defense(s) exist.  You are required to:

1.    Explain what they are;
2.    What the elements are;
3.    Analyse how to apply the elements to the facts;
4.    Reach a conclusion about the potential success or failure of the action(s) and defense(s)

Your answers are to be in paragraph form with full sentences.

Breanna and Sloane are twin sisters that recently moved to Halifax to attend university.  They have been having difficulty finding an apartment to share, so they needed to stay in a hotel until they found an apartment.  Because they did not have alot of extra money after paying tuition, they found a hotel with a low weekly rate – “Frank’s Inn”.  Unsurprisingly, it was owned by Frank Smith, a sole proprietor.

Their room was on the ground floor, and Breanna noticed that the bedroom windows was badly damaged and did not lock.  She discussed their concerns with Frank, who promised to fix it.  Frank went into the room while Breanna and Sloane were at school and merely glued the latch closed.

Two nights later, a man removed the warped window from the frame, entered the hotel room and assaulted Breanna.  Sloane witnessed the attack and was paralyzed by shock.  Both sisters were hospitalized.  The assailant was never identified.  The sisters hired a lawyer, Saul, who filed a lawsuit against Frank.

Discuss Breanna and Sloane’s possible cause(s) of action and Frank’s possible defence(s).

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