Name the country you come from. Which legal system (Common Law, Civil Law, Shari’a, and/or other system) operates there? Describe one important distinguishing character or feature of that legal system. 2. Who is the plaintiff in this case?

CMLW 2201.1 Fall 2020 1. Name the country you come from. Which legal system (Common Law, Civil Law, Shari’a, and/or other system) operates there? Describe one important distinguishing character or feature of that legal system. 2. Who is the plaintiff in this case? Clifford Chance v National Bank of Canada (1996) 30 O.R. (3rd) 746. 3. In 2017 in a burst of nostalgia to celebrate Canada’s 150th Birthday the Nova Scotia Government decided they would print their own money to commemorate the role of Nova Scotia in the creation of Canada. The Premier of Nova Scotia, Stephen MacNeil, was featured on the $5 bill, Samuel de Champlain on the $10 bill, Donald Marshall on the $20 bill, and Viola Desmond on the $100 bill. When the Prime Minister of Canada heard about the new Nova Scotia money he said it was unconstitutional. Is it? Why/Why not? 4. Last night you invited your friend (who is also a classmate in CMLW 2201) to go to a movie with you. You both agreed to meet at the movie theatre. When you arrived you bought two tickets and waited for your friend but they never showed up? The next day you asked your friend to pay you for the wasted movie ticket. Your friend said “Forget it. We don’t have a contract!!” Is your friend correct? Why or why not? 5. Jim and Bob bought one lottery ticket each week for five years. Each paid half of the price of each ticket. Bob got tired of losing and told Jim he did not want to buy tickets anymore. Jim said “That is OK, if I win I will still give you half.” The next week Jim won the jackpot of $2,000,000. When Bob said to him, “You promised to pay me half if you won” Jim said “Tough, you did not pay a cent for the winning ticket.” Does Bob have any hope of suing Jim under contract law for one-half the winnings? Why/Why not? 6. Saint Mary’s Art Gallery advertised a sale of art works on their website. Anyone wanting to buy something was instructed to email the gallery director at 2 gallery.director@smu.ca. Ping emailed the gallery director saying she wanted to buy a particular painting of the McNally Building. The gallery director emailed her back telling her she could pick up and pay for the painting the next day. When Ping went to the gallery the next day the gallery director told her they had sold the painting to someone else. But Ping thinks she has a contract. Does she? Why/why not? 7. Suppose you e-mailed an offer to sell your car to a friend. Now you want to revoke your offer. Would it be sufficient to simply leave a message on their voice mail? 8. Blanktown University wrote Ping a letter promising that if she got more than 75 on the CMLW 2201 midterm she would be awarded a scholarship of $1,000. Ping got 80 on the midterm, but she also had a huge fight with the president of Blanktown who refused to award her any scholarship money. The president said there was no contract because there is no consideration. Is the president correct? Why or why not? 9. Cases such as Rudder v Microsoft, other cases concerned with forming contracts where the communication between parties is instantaneous, and the Nova Scotia Electronic Commerce Act illustrate that judging whether or not someone has accepted an offer can be problematic when using electronic means of communication. But such problems can be avoided. Explain one way the person making the offer can avoid such problems. 10. Abra recently passed her yoga instructor course. She successfully applied for a fulltime job teaching yoga at Sun Yoga Studio on Inglis Street and signed an employment contract. One clause in the contract stated: “Abra will not open her own yoga studio within 1.0 kilometer of Sun Yoga Studio for two years after she stops working at Sun Yoga Studio.” After one year of working at Sun Yoga Studio Abra quit and opened her own yoga studio nearby on South Street. Her new studio was only 0.5 kilometers away from Sun Yoga Studio. Many of Abra’s students at Sun Yoga Studio decided to take lessons at Abra’s new studio. Sun Yoga Studio calculated they were losing $2,000 per week because of Abra. Sun Yoga Studio claimed Abra breached the contract they had with Abra. What remedy is a judge more likely to award to Sun Yoga Studio? Why? 3 11. A wedding planner had a contract to plan a white wedding for a happy couple. She had strict instructions that everything had to be white and – the flowers had to be white so she bought lilies; the food had to be white so she chose scallops, pasta, onions, cauliflower, haddock, and a white wedding cake with vanilla ice cream; she bought white wine; the groom’s suit was white; the wedding dress was white, and the limousine to take the bridal party to the wedding had to be white. But when the limousine arrived to pick up the bridal party immediately before the wedding, the colour of the limousine was black. Did the wedding planner breach a condition or a warranty? Why? 12. Chris, who is an engine mechanic, purchased a new machine to diagnose problems with engines from Engine Diagnostics Ltd. The contract stated it would be delivered October 1. Immediately before signing the agreement Chris and the salesperson for Engine Diagnostics Ltd. discussed the fact that Chris had to have the machine on October 1 or else he/Chris would lose a contract with Saint Mary’s University to service and fix all their generators. However, the machine was not delivered until November 1 and Chris lost the contract with Saint Mary’s University. Chris is certain he is entitled to sue Engine Diagnostics Ltd. for breach of contract. The one thing he is not sure about is whether or not the potential income he lost due to losing the Saint Mary’s contract is remote. Is it? Why/why not? 13. Wood Supply Inc. had a contract with Harry to sell Harry the wood he needed to build a garage for $4,000. The contract stated that the wood is to be delivered to Harry on February 1st. But on February 1, Plywood Inc telephoned Harry and said they would not be able to sell him any wood. Harry did not immediately look for other suppliers who would sell him wood. But on April 1st Harry bought the wood he needed from Home Builders for $5,000. But if Harry had purchased the wood from another seller during the month of February he would have paid only $4,500. Harry now wants Wood Supply Inc to pay him $1,000 to cover the additional cost of the wood he purchased from Home Builders. Is Harry entitled to damages of $1,000 or should he have mitigated his losses? Why/Why not? 4 14. In January 2020 Zainab paid her tuition for the Winter semester at Saint Mary’s and she regularly attended her classes and completed assignments and wrote midterms. On March 2 the University President made a surprise announcement stating that face-to-face classroom instruction would end immediately, but that all classes would continue on-line because of the serious danger to students’ health created by the Covid virus. Zainab hated on-line courses and she did not want to take any courses on-line so she went to the Registrar’s Office and asked for her tuition payment to be refunded. When the Registrar refused to refund her tuition payment she told them they had to because the contract is frustrated. Is her contract with Saint Mary’s frustrated? Is she entitled to a full refund? 15. Suzie paid Beth for ten hits of crack cocaine. Crack cocaine is illegal in Canada. Beth promised to deliver the cocaine to Suzie the next day. However, there was no sign of Beth or the cocaine the next day. Would Suzie be successful if she sues Beth for breach of contract? Why/Why not? …