Under what condition is a sale of goods subject to an implied condition that the goods shall
Question:
- Under what condition is a sale of goods subject to an implied condition that the goods shall be of merchantable quality
Under what circumstances is that implied condition avoided by the seller?
2-
KXB family purchased a bicycle from the AZ store for their son. The facts were more clearly stated that it was more of a father buying a gift for his son.
Applying the relevant section/principles of the Sale of Goods Act, who can bring a civil action and against whom, If the bicycle was determined not to be of merchantable quality.
3-
The discovery process is one of the most significant steps in civil litigation procedure in Ontario. Give and explain three reasons why the discovery process is critical and significant based on the material studied in business law.
4-
Gregory wandered onto Jacob's land, not realizing that he crossed the property line. Jacob found him there and is contemplating suing him in the civil court. Identify and explain the appropriate legal action Jacob can bring against Gregory in the civil court. Explain the likely outcome and three resaons why Jacob may succeed in the civil claim?
5-
Patrick, a concert pianist, was walking down the street when he was struck by James, a careless skateboarder. Patrick was knocked down and crushed his hand. When Patrick sued James for his negligence, claiming the loss of income from his profession (he could never play the piano again), James countered with the defence that there was no way he could have anticipated that the person he was going to hit was a concert pianist.
Applying the relevant applicable principle/concept of law, explain James' likelihood of success.
6-
Patrick, a concert pianist, was walking down the street when he was struck by James, a careless skateboarder. Patrick was knocked down and crushed his hand. When Patrick sued James for his negligence, claiming the loss of income from his profession (he could never play the piano again), James countered with the defence that there was no way he could have anticipated that the person he was going to hit was a concert pianist.
Applying the relevant applicable principle/concept of law, explain James' likelihood of success.
7-
In spite of the many advantages of alternative dispute resolution, litigation still has its place in resolving disputes. In light of the principles and legal materials studied in the business law course, determine and explain four circumstances where litigation will be the most appropriate method of resolving disputes.
8-
On April 10, Mel entered into a contract to sell his house to Nan at a price of $300 000. Title was to transfer May 31. Nan paid Mel a deposit of $20 000. A clause in the contract between them said: "If the buyer does not complete as specified, the seller can elect to keep the deposit as liquidated damages." On April 30, Nan told Mel she could not complete the contract because she could not sell her own house. Mel immediately entered into a contract to sell his house to Paul for $320 000. Nan insists that Mel return her deposit because he has suffered no damages. Applying the relevant principles of law discuss the implication of the clause in the agreement and outcome of the contract
9-
Harrsion entered into a purchase and sale agreement to sell his house to Kenneth. Kenneth paid a deposit of $1 million, and was committed to paying an additional deposit of about $2.5 million two weeks later, on September 30. However, Kenneth ran into difficulty, because he was counting on getting money from the sale of another property, which was delayed. The stated deadline came and passed, and the Harrison notified the buyer that it considered the deal to be cancelled.
Applying the relevant principles of law, explain
a) the circumstances that would make Kenneth not to loose his deposit in the transaction.
b) the circumstances that would make the purchase and sale agreement binding on the parties even where it was not in writing or evidenced by writing.
10-
Ms. Kanak sued her former manager, Mr. Riggin, for statements he made during a reference check, which caused a prospective employer to terminate its offer of employment. Ms. Kanak had worked for the prior employer for 5 years. Identify the most appropriate defence availabe to Mr.Riggin in this civil litigation action. Mention and explain three things Ms. Kanak can prove to ensure that Mr.Riggin's defence will fail.
11-
When describing the car he had for sale, Jack told Jill it had genuine cowhide seat covers. The car in fact had imitation leather seat covers. Jill decided to buy the car, in part because she liked cowhide seat covers. The written contract made no mention of the type of seat covers. When Jill took possession of the car, she discovered that the seat covers were not cowhide and asked you the following questions:
a. What is the name of all potential causes of action that JilI have has against Jack?
b. What remedy or remedies can Jill seek?
c. What elements must JilI be able to prove in order to be successful?
Applying the relevant principles of law answer the above questions providing reasons for your answers. Express an opinion about the probable outcome of Jill's action.
12-
Joe made an offer to sell his car to Harry, promising to keep the offer open for a week. However, he changed his mind, sold the car to someone else, and phoned Harry to inform him that he was withdrawing his offer because he had sold the car to someone else. Harry was angry and said that he wanted the car and was going to hold him to his promise to hold the offer open for a week. He sued for breach of contract.
Identify the relevant principle/concept of law. Applying the relevant principle(s) of law, explain whether Harry will succeed.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts