Midterm Facts

Question 1

McRae

Answer 1

McRae won a tender from the defendants to retrieve an oil tanker, laid out significant expenses for the salvage, went and there was no oil tanker.

Question 2

Sunshine

Answer 2

Sunshine given licenses to operate travel agencies by D, D breached contract when they renewed contracts with existing companies instead

Question 3

Chaplin

Answer 3

Chaplin entered a beauty contest run by Hicks where the public would vote 50 girls to go and interview for 12 jobs, Chaplin made it to the top 50 but did not receive her invite to the interview until it was too late

Question 4

Groves

Answer 4

D was to remove gravel and leave land levelled. D breached contract deliberately, Land not levelled. Cost to perform would be $60,000 land levelled is worth $12,260

Question 5

Nu-West Homes

Answer 5

Construction of a house, deviations from specifications meant the contract was put to a stop

Question 6

Jarvis

Answer 6

P planned a trip based on brochure, trip was nothing like brochure promised

Question 7

Whiten

Answer 7

D denied an insurance claim by P only to try to make her accept a settlement. CA awarded P punitive damages

Question 8

Fidler

Answer 8

P suffered mental distress. For more then 5 years D denied P long-term disability

Question 9

Hadley v Baxendale

Answer 9

H operated a mill and part of their steam engine broke causing the mill to shut down, H contracted B to take the part to be repaired, delivery was delayed due to B’s neglect and H’s mill remained closed longer than expected

Question 10

Asamera

Answer 10

shares loaned but were supposed to be returned but

D sold them and didn’t return, price of shares went up and P lost out on big earnings

Question 11

Southcott

Answer 11

Entered a contract to purchase a parcel of land from D, D wrote the contracts subject to condition that protected their interests, they deliberately didn’t make best efforts to remove the condition and squashed the deal

Question 12

Evans

Answer 12

P was employed with D and was dismissed without proper notice by termination letter, lawyer sent letter saying improper notice (either 24 months or 12 with pay) D said P works for 24 months and they would not rescind the termination letter

Question 13

Shatilla

Answer 13

D sold business to P, D was not to compete in city limits, if D did he had to pay $10,000, D became shareholder for competitor, P sues for liquidated damages of 10K

Question 14

Stockloser

Answer 14

P agreed to buy machinery from D, price payable in instalments, if default D was entitled to retake possession of machinery and retain payments made by P

Question 15

John Dodge

Answer 15

No other cite offered property with combination of attractive features at a comparable price

Question 16

Warner Bros

Answer 16

D entered contract for her exclusive services and only perform for P, D left the country and signed a contract with another company. P brought injunction to keep her from working with others so she would work for them

Question 17

Zipper

Answer 17

Contract for 12 months after termination of agreement, D would not be affiliated in any way to anything similar to what P’s business did, D stole a client and quit, D did not pay sum that got him out of non-compete clause

Question 18

Machtinger

Answer 18

2 employees entered contract with employer with a termination agreement that went against legislation for notice

Question 19

Thornton

Answer 19

Car park, on door said all cars park at own risk, P got a ticket from machine that said on the back “subject to conditions displayed on premises”, P saw writing but did not read, signs on random pillars, accident and D says not liable

Question 20

Interfoto

Answer 20

P at the request of D delivered photo transparencies in a bag, D did not use some, P had terms D didn’t read on a delivery note in the bag saying there was a holding fee of 5 euros for each day. After a month P sent a bill for 3,783.50 which D refused to pay

Question 21

McCutcheon

Answer 21

P sends car by boat, had done so many times before, P gets presented w/ doc with many conditions in fine print which he never read (takes too long) D never got P to sign this time and boat crashed

Question 22

Tilden

Answer 22

D rented car from P, signed rental agreement with exclusion clause saying no coverage for accidents if drinking, D hit a pole after drinking

Question 23

Karroll

Answer 23

P broke her leg in a skiing comp put on by D that she had competed in 4 years now, company as D’s agents in charge of safety, big print on doc signed by P saying subject to conditions, conditions removed liability of resort and its agents

Question 24

Karsales

Answer 24

D viewed a car in good condition when it was dropped off by P it was in horrible condition so D refused to pay

Question 25

Hunter Engineering

Answer 25

Syncrude ordered mining gearboxes, contracts for boxes had time limited warranties, defects discovered after warranty was up, expensive repair, S brought action for fundamental breach

Question 26

Plas-Tex

Answer 26

Dow chemical sold resin to Plas-Tex knowing they would use it for pipe, knowing this would be defective and knowing that it was about to be banned

Question 27

Tercon

Answer 27

BC put request for tenders, accepted an ineligible bid, P was passed over, exclusion clause was in there