The Law And Business Administration In Canada 15th Edition J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill - Solutions

17. Is a hotel keeper liable if a guest’s property is stolen from his room?
16. What are the principal defences available to a common carrier when goods in its possession are damaged or lost?
15. What does it mean to say that a common carrier “is an insurer as well as a bailee”?
14. Distinguish between a common carrier and a private carrier.
13. Who normally bears the loss if goods left in a warehouse are stolen or destroyed?
12. What does it mean that goods are “fungible”? How does that affect a bailee’s liability?
11. In what circumstances may a bailee claim a lien on bailed goods?
10. What is a “sub-bailment”?
9. What factors determine the standard of care to be expected of a bailee?
8. Distinguish between a bailment and a licence. In what circumstances is the distinction especially important?
7. Give an example of (a) a non-contractual bailment and (b) an involuntary bailment.
6. If a lessee defaults in paying the rent, is the lessor entitled to retake possession of the leased property as well as to sue for the rent owing?
5. Why would a business enter into a sale-and-leaseback transaction?
4. What are the main perceived advantages of leasing capital assets as opposed to borrowing in order to purchase them?
3. What warranties will normally be implied in a chattel lease?
2. Distinguish between a security lease and a finance lease.
1. What is the principal difference between an operating lease and a purchase lease?
20. How does the Competition Act attempt to prevent fraudulent telemarketing?
19. What is the purpose of a cooling-off period?
18. Who is a consumer?
17. When does an unpaid seller have a lien on the goods sold? When is there a right of repossession?
16. What is a “bill of lading”?
15. What is the distinction between unascertained goods and future goods?
14. In what circumstances can a person who is not the owner of goods pass a good title to them?
13. When does title pass in the case of specific goods that are in a deliverable state?
12. What determines who bears the risk of loss when goods that are the subject matter of a contract of sale are destroyed?
11. What does it mean to say that the courts interpret the time set for payment as a warranty unless the parties have expressed otherwise?
10. What terms are implied in the case of a sale by sample?
9. What is the significance of an article being sold under its trade name?
8. Distinguish between the implied term as to fitness and the implied term of merchantable quality.
7. When does the caveat emptor principle apply to the sale of goods?
6. What is meant by a “consignment”?
5. What is the distinction between a sale and an agreement to sell?
4. Is a contract for the installation of a central heating system a contract for the sale of goods?
3. How are “goods” defined in the Sale of Goods Act? What types of personal property are not within the definition?
2. Distinguish between ownership and possession.
1. What was the principal purpose of the original Sale of Goods Act?
12. Define expectation damages, consequential damages, and specific performance. Give an example of each.
11. Describe the nature and purpose of liquidated damage clauses and how they are distinguished from penalty clauses.
10. When a judgment debtor refuses to pay the judgment, what recourse does the judgment creditor have?
9. In what circumstances might a court grant an interlocutory injunction?
8. Give an example of strict interpretation of an exemption clause.
7. Explain the attitude of the courts toward exemption clauses.
6. When a buyer refuses to accept delivery of goods, explain the significance of supply and demand when determining the value of damages suffered.
5. What is the reasoning behind the requirement that an injured party mitigate its losses?
4. Describe why the doctrine of substantial performance is of practical importance.
3. In what types of contracts does it become particularly difficult to ascertain whether a breach is sufficient to allow the injured party to be freed from its part of the bargain? Explain.
2. Describe two ways in which anticipatory breach may occur.
1. Why does a major breach not automatically discharge a contract?Give an example.
15. In what respect may bankruptcy bring about the discharge of contracts?
14. Suppose P contracts to buy 10 tonnes of corn grown in the county of Haldimand from S. Because of a local drought there is insufficient corn, but S can quite easily obtain corn of the same quality from the adjacent county of Frontenac. Has the contract been frustrated? Give reasons.
13. What three conditions are required for the Sale of Goods Act to apply to a frustrated contract? Does the Act apply to a case where the goods have been impounded by the government?
12. In what important respect has the British Columbia Frustrated Contract Act provided a fairer solution when a contract is frustrated?
11. James had contracted to give a talk and demonstration on resolving human relations conflicts in small organizations for a management consulting firm. After dinner with his hosts the evening before his talk, he accepted a dare to slide down a lengthy banister on the main staircase of the hotel.
10. Is substantial hardship in performing sufficient to excuse a promisor from performing? Explain.
9. What else, apart from physical destruction of the subject matter of a contract, can result in frustration of the contract?
8. The principles of mistake and discharge by frustration may both relate to contracts in which the subject matter is non-existent.How do these principles and their remedies differ?
7. Why may an “option to terminate” clause be described as a condition subsequent?
6. Does a contract exist at all before a condition precedent has been satisfied? Explain.
5. Describe the role of novation in the purchase of a going business.
4. In what respect does the arrangement known as accord and satisfaction involve a discharge of a contract?
3. When a party admits liability for breach, what is his best course of action? Explain.
2. Describe the nature of the consideration given by the parties to a waiver.
1. What are the consequences for a creditor who refuses a tender of performance by the debtor?
12. Is notice required to assign a negotiable instrument? Explain.
11. Explain the two types of assignment by operation of law.
10. What are the requirements for a statutory assignment? Describe the business advantages associated with such assignments.
9. Give two examples of involuntary assignments.
8. Anderson, a skilled mechanic, agreed to do some car repair work for Bartlett. Anderson was busy when the car was delivered for repair and gave his friend Gauche the work to do, without consulting Bartlett. Gauche sent Bartlett a bill for the repair work.Bartlett refused to pay. Is he justified?
7. A debtor owed his creditor $2000. The creditor assigned her right to collect this debt to another person, X. The assignee, X, delayed in sending notice to the debtor that he was now the party entitled to payment. Before receiving any notice of assignment, the debtor paid his original creditor
6. Describe the exception made for consumer negotiable instruments.
5. P contracted with Q to move equipment from one of Q’s buildings to another site. R, an employee of P, damaged some of the equipment. What facts must Q establish in order to hold P liable for R’s conduct?
4. Describe the significance of exemption clauses in contracts performed by third parties.
3. How has the privity of contract rule been modified with respect to insurance?
2. Give an example of vicarious performance by a party other than an employee.
1. Define the following terms: third party, assignor, constructive trust, beneficiary, chose in action.
12. When a contract is subject to a condition precedent, does the contract nevertheless still exist? May either party simply withdraw from the contract before the condition precedent has been met? Again, consider question 5.
11. What is an implied term? Give an example from question 5.
10. Name four ways in which a party may persuade a court that the parol evidence rule does not apply to the term or terms it asserts were part of the contract.
9. What are the primary goals of a court in interpreting a contract?
8. Explain and give an example of special usage of a word.
7. Why doesn’t a dictionary definition of a word clarify its meaning in a contract? Give an example.
6. Give an example of when a party to an unenforceable contract may nevertheless recover money he has paid to the other party.
4. G, just before she graduates from university, accepts a job at a manufacturing firm. In the exchange of letters between G and her employer, nothing is said about the duration of G’s employment or the need to actually graduate.
3. E is the proprietor of a business that requires a bank loan.E’s father, F, tells the bank manager that if the bank approves the loan and E does not repay it, he (F) will.
2. C enters into an oral contract with D, a contractor, to build a house for C.
1. A and B, having entered into a written agreement as purchaser and vendor, respectively, of a piece of land, later agree by telephone to call off the sale.
5. State which of the following contracts are affected by a statutory requirement that would permit the promisor to plead that the contract cannot be enforced against her because evidence of the terms is not available in the required form:
4. What is the difference between part performance and part payment?
3. Explain the difference between a guarantee and an indemnity. Is there any policy basis for treating the two differently?
2. What are the consequences of failure to comply with consumer protection legislation as opposed to the Statute of Frauds or Sale of Goods Act?
1. Distinguish among the different outcomes for contracts that are unenforceable, voidable, and void.
9. Why are consumers a protected class of purchasers? Describe two forms of protection available to them.
8. H’s business is in financial difficulties, and he offers the bank a mortgage on the family home, which is in his wife’s name. What precautions should the bank take when having the wife sign the contract? Why?
7. What are the consequences of an innocent misrepresentation in contract rather than tort? What if the representation later becomes a term of the contract?
6. Jameson appears at Klemper’s Jewellery and asks to buy an expensive watch on credit. She identifies herself as Johnson, a wealthy local financier. Klemper agrees and hands over possession of the watch to Jameson. Jameson immediately pawns it at Larry’s. Klemper sees the watch in Larry’s
5. Describe the difference between void and voidable contracts.What are the consequences of each for innocent third parties?
4. What conditions must be satisfied before a court will order rectification? Under what circumstances is a court unlikely to grant such a remedy?
3. When parties use a term but intend it to have quite different meanings, how does the court resolve the difference?
2. When will a party be granted a remedy for mistakenly using a term in a contract?

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The Law And Business Administration In Canada 15th Edition J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill - Solutions

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