Cases Flashcards
Maple Leaf has a sale on Saturday. Haag buys a new television set displayed on the floor and pays for it by a cheque post dated 5 days later. The set is to be delivered Monday. No discussion of who is at risk of loss before the set is delivered. On Sunday burglars break into the store and steal the TV set. Haag puts a stop payment on the cheque. Maple Leaf sues Haag for price of the set.
ML will be successful in their law suit, law Sale of Goods Act rule 1 applies
Moment - Title passes to buyer the moment a contract is made. Immaterial whether payment/possession is postponed.
A person had a policy of insurance on his life, the beneficiary being another person. The policy lapsed for non payment (default) in payment of a premium and the beneficiary two days later after the policy lapsed forwarded the premium which the insurance company accepted in revival of the policy. It turned out the insured had died before the payment was made both the insurance company and the beneficiary being unaware of the fact, was the policy payable? Explain
In, policy was not payable in order for the policy to be payable, the 5 parts to a contract the second Genuine intention in the present case there was a mistake by both sides that the insurer which voids. Mistaken as to the facts.
Jane agreed to purchase a specific vehicle from Angel Motors. Under the terms of that contract Jane immediately provided a cheque for 10,000 and promised to pay another 1500 within one year. Angel Motors promised to prepare the car for delivery within one week by installing a CD player and adding new tires and to call Jane when the work was done. Angel cashed the cheque and prepared the car within one week it as promised. Shortly before it contacted Jane, however the car was struck by lightning and completely destroyed. Angel insists it is still owed 1500 from Jane. Jane demands a refund of the 10000. State the result and the reasons
Facts of the case fall under the provisions of the Sale of Goods Act in Rule number 2- where there is a contract for the sale of specific goods, and there is something that needs to be done to the goods, the title of ownership doesn’t pass until that thing is done and Jane has notice therefore. Title remains with the seller, and therefore bares the risk.
If she had been notified: Then she would have suffered the loss. This is why a prudent person would say “ownership will pass when I get possession”
ABC Corp in Saskatoon offered to deliver a parcel for Dawson in Winnipeg as he was transporting a load of goods from Saskatoon to Winnipeg. Dawson accepted the offer and gave ABC the parcel which was delivered in Winnipeg. The next week Dawson told ABC he would pay him $100 for delivering the parcel but later refused to pay the 100. What are ABC’s rights?
In order for a contract to be present, the law requires 5 elements, that of consideration. In order for it to be valid at law it must be present or future, never past. The facts show that Dawson was receiving no consideration, and past consideration for giving the money.
Fanny Okward, seriously injured in an automobile accident, arrived at the emergency ward unconscious. The doctor gave Fanny a blood transfusion even after it was brought to his attention that she was carrying a directive indicating her unwillingness to have such treatment. Fanny sued the doctor. The evidence indicated that the doctor acted professionally, promptly and was well motivated throughout that the treatment may well have saved her life.
What will be the result? Reasons. Would your answer be any different and Fanny carried no directive and no relatives could be found?
The doctor can only do what he has permission to do under the Health Care Directives Act that comes into effect when a person cannot make health care decisions on one’s own. Fanny would win the case because she has it written in her directive that she doesn’t want this done.
If the situation were different, and there was no directive and no relatives to decide for her, the doctor could not be sued because he did what was in his professional interest at the time her life needed to be saved.
Transworld moves Inc entered a contract with the Smiths to move their household belongings from Sask to Toronto at an agreed cost of $4000. Prior to loading the van, Transworld advised the Smiths that they underestimated the cost of the move by $1500. The Smiths stated they understood the position and accepted in writing the additional fee of $1500. Move was completed and Smiths refuse to pay the $1500. Transworld sued the Smiths for the $1500. State the result of the lawsuit with reason.
Smiths dont have to pay! (?)
