Question 1. (5 marks)

Dr. Springer tried unsuccessfully for over a year to collect a $5,000 debt from Byrd, one of his patients, a prominent citizen of the community, for services rendered. One evening at a dinner party, Springer casually mentioned to several of his business friends, including the president of the local bank, that he had not been able to collect the overdue debt from Byrd. As a result, Byrd was denied a personal loan he had applied for at the bank. Byrd sued Springer claiming that Springers remark was slanderous and that Springer owes him damages.

1. What is (are) the legal issue(s)? (1)

2. What is the legal tests (rule of law) used by the courts? (1)

3. Develop a logical argument for the plaintiff, applying the rule of law to the facts (1)

4. Develop a logical argument for the defendant, applying the rule of law to the facts (1)

5. State who you think is likely to win and why. (1)

Question 2 (5 marks)

An accountant prepared financial statements for a client who owned a small business. The client used the financial statements to prepare his tax returns. There was an error on the statements that was detected when Revenue Canada audited his books and the business owner was assessed a penalty for the incorrect declaration of his earnings. If the client sued the accountant for damages:

1. What is (are) the legal issue(s)? (1)

2. What is the legal tests (rule of law) used by the courts? (1)

3. Develop a logical argument for the plaintiff, applying the rule of law to the facts. (1)

4. Develop a logical argument for the defendant, applying the rule of law to the facts. (1)

5. State who you think is likely to win and why. (1)