Chapter practice questions PRACTICE QUESTIONS Chapter 1-3 1. Describe the purpose of the Supreme Court of Canada and what cases it hears. National issues of importance to society Ontario Superior Court of Justice. These days, for certain types of claims up to $ 50,000.00 there is a simplified procedure which is to be followed which replaces the discovery process with affidavit evidence (statements made under oath) and is a faster and more summary kind of procedure. Simplified Procedure can and does dramatically reduce the costs of an action or law suit to between $ 5,000.00 to say $ 20,000.00 more or less. 2. Why is the doctrine of stare decisis an important part of the Common Law system 3. What is the importance of Section 91 and 92 of the BNA Act Stare Decisis: Cases must follow a precedence of the cases trialed before them of similar context Section 91/92 of BNA act 91 – Federal 92 – Provincial 4. what are the difference between Mediation and Arbitration Within mediation the two parties come together to attempt at solving the conflict using a 3 rd party. Within arbitration, that party’s decision is legally binding and this is a more expensive process. 5. Why is ADR a better alternative to the commencing a law suit. What are the rules of “Natural Justice” and how do they apply to administrative boards Alternative Dispute Resolutions are a better alternative because they are less time consuming and costly. If a dispute can be solved using one of these methods it says the courts, justice system and everyone involved time and effort. Natural justice rfers to describe the general concept of fairness in the judiciary system. The rules are 1) against bias and 2) right to a fair hearing 3) adequate notice. Administrative boards must consider these in their actions Chapter 7 - 10 1. Is an advertisement containing an offer of a reward for a lost pet a valid offer? How does it differ from an advertisement of goods for sale? Reward for lost pet is a valid offer, whereas an advertisement invitation to treat 2. Joe met Larry on the main street of their town. Both owned used car lots in the town, and were casual acquaintances. Parked at the curb beside them was a vintage muscle-car Joe had long admired. Pointing to it, Joe said “I love that beauty. I’d pay $40,000 in a heartbeat for that one.” “Yeah?” said Larry, “Well, I accept your offer. That’s a $5,000 profit for me. I bought it this morning for $35,000. It’s yours now, buddy.” Joe protested that he had not been serious about the car. Larry intended to hold him to his word. Chapter practice questions Advise the parties. This is not a valid contract as there is no intent to enter into a legal relationship. 6 elements of contract (intention) 3. Tom was tired of running his business and was looking for a buyer so he could retire before the winter. Bill wanted to buy the business, but needed another month to raise the necessary finances. Tom said to Bill: “Look, for $5,000, I will give you an option to purchase in 30 days, but if you are not ready to buy at that time for fifty thousand, I am going to sell it to Dan.” Bill paid Tom the $5,000. Thirty days later, Bill appeared at Tom’s door with $45,000. Tom said: “Sorry, I am going to sell it to Dan. I said the price was $50,000.” Bill was confused, and sought legal advice. What advice would the lawyer provide to Bill? The $5000 serves as a consideration and not included in part of the price of the business itself nor a deposit. 4. Jane and Henry were married and Jane’s father, a farmer, told her and Henry that he had no use for the old pasture north of the meadow. He suggested that they could build a house on the property, saying, “It will be all yours anyhow when I’m gone.” Jane and Henry did so, and five years later, Jane and her father had a terrible falling out. Her father changed his will to give all of his property to the Humane Society, and within the year he died. When the executor of the will read its terms, he began proceedings to evict Jane and Henry from the property and to sell their house. Discuss the legal issues raised in this scenario. Promissory estoppel – used in defense 5. The Suburban Medical Centre was founded in 1981 as a medical clinic by eight physicians and surgeons. In 1998, the clinic advertised in the medical press for an obstetrician. Umesh, a medical specialist, answered the advertisement. Following an interview, Umesh was employed by the clinic and signed an employment contract that contained the following clause: Should the employment of the Party of the Second Part by the Parties of the First Part terminate for any reason whatsoever, the Party of the Second Part COVENANTS AND AGREES that he will not carry on the practice of medicine or surgery in any of its branches on his own account, or in association with any other person or persons, or corporation or in the employ of any such person or persons or corporations within the said City of Suburbia or within ten kilometres of the limits thereof for a period of five (5) years thereafter. Umesh proved to be a difficult, but hard-working employee, and after some years an argument arose between Umesh and one of the founders of the clinic. As a result of the argument, Umesh resigned. He immediately set up a practice in the same city. The clinic continued to operate without the services of Umesh and later brought an action for damages and an injunction against him. Discuss the factors the courts should consider in deciding this case. Render a decision. Non-competition clause, too restrictive (time and distance), likely not upheld unless soliciting.
