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Here’s some information about the Final Exam…It’s scheduled for December 22, from 7:00 to 10:00 PM, Atlantic Time (a 3 hour exam).It will be online, using the Quizzes function on this website – more details to follow in a week or so.To give you an idea of what to expect, I’ve attached last year’s final exam – yours will have the same format re questions and cases. Of course, the actual questions and cases will be different! You’ll see that last year’s wasn’t online, so yours will appear differently, but will have the same number of required questions and cases. Since your questions and cases will be drawn from a pool of possibilities, you won’t have the same option of selecting which questions and cases to do.FINAL EXAMINATIONDecember 17, 2019*** This examination has seven pages ****** You have three hours to complete this examination ****** This is a closed-book examination – you are not allowed to have any material or your mobile phone with you when you are writing this examination ****** This examination has two parts – Part 1 is comprised of 10 questions and Part 2 is comprised of 5 cases – you are required to do 8 of the questions in Part 1 and 4 of the cases in Part 2. ***PART 1. (40%)This part includes 10 questions. You must do 8.Each is worth 5%.QUESTION 1:What are the three branches of government? What is the primary function of each of these branches?QUESTION 2:Distinguish between a general partner and a limited partner in business partnership arrangements. In what circumstances will a limited partner lose her special status?QUESTION 3:If a professional whose opinion is sought wants to ensure that she or he is not liable for the opinion, what three options are available to her or him?QUESTION 4:What is I.L.A? When is I.L.A. required?QUESTION 5:What is rescission of a contract? Using an example, explain when this remedy is available.QUESTION 6:When and where is a contract formed? Does it matter whether the offer is unilateral or bilateral? Explain.QUESTION 7:One of the five categories of contract situations is “unenforceable contracts.” What is an unenforceable contract? What do the courts do if they find that a contract is in this category?QUESTION 8:Distinguish between tenancy in common and joint tenancy in real property law.QUESTION 9:What body has ultimate decision-making authority for an incorporated company? What body has this authority when the body with ultimate decision-making authority is not available to act?QUESTION 10:What defences against liability are possible for the defendant in an action for the tort of battery?PART 2. (60%) This part is comprised of five cases. You must do four.Each is worth 15%.Be sure to show the processes of legal reasoning that led you to your conclusions – do not simply “answer the question.”CASE 1The plaintiff hired the defendant to renovate the wooden wharf that the plaintiff owned in British Columbia. The wharf was part of the plaintiff’s grain-loading facility in Vancouver Harbour. During this renovation process, the wharf was seriously damaged by fire. The fire was started by molten slag from an oxyacetylene torch operated by the defendant’s employee. The defendant’s employee did not minimize the fire hazard created by the torch. Among other deficiencies, the defendant’s employee failed to wet the combustible surfaces before using the torch and failed to keep a proper fire watch during cutting operations so that any slag that landed could then be doused with water. When it came time to fight the fire, the defendant’s employee ran into difficulties because the plaintiff had not provided a fire protection system anywhere near the wharf in question, not even a fire extinguisher. The plaintiff claims damages in the amount of $1 million.The plaintiff is taking a legal action in the civil court against the defendant’s employee and the defendant. What is the basis of the plaintiff’s claim? Analyse the case to reach a conclusion about whether you think the plaintiff will win the case. Also, be sure to show whether the defendant and its employee would both be liable if the plaintiff wins, and whether there are any defences to the plaintiff’s legal action.
CASE 2Atlantic Life Ltd. is a life insurance company. It hired Toby Ryan as its representative in Newfoundland. Toby was provided with Atlantic Life business cards and brochures and a company car with the Atlantic Life logo on it. A clause in the contract between the parties provided that Toby “will not without the prior approval of the Company incur any liability or debt on behalf of the Company, accept insurance or other risks, revive polices, waive forfeitures, extend the time of payment of any premium or waive premium payment in cash, or make, alter or discharge any contract and will not make any expenditure on behalf of the Company.”Toby negotiated on behalf of Atlantic Life the sale of a life insurance policy to Sadie Clements, insuring her life for $500,000. Shortly thereafter, Sadie died and her beneficiaries claim benefits under the policy. Atlantic Life refused to pay on the basis that Toby did not obtain approval of Atlantic for the sale of the insurance policy.Will Atlantic Life have to pay the benefits? Be sure to show the legal analysis your conclusion is based on. If Atlantic Life does have to pay the benefits, what could it have done to avoid this liability?CASE 3A bank had a valid, registered GSA (i.e., general security agreement), giving it a security interest in an auto dealer’s inventory of automobiles. Under the legislation that applied, this security interest remained enforceable against any automobile in the dealer’s inventory until sold “in the ordinary course of business.” Under a GSA, registration of the serial number of each individual vehicle was not required to perfect the bank’s security interest.The auto dealer went out of business, closed its doors, and liquidated its inventory of automobiles. None of the automobiles remained at its premises. Four of them were sold, from a different location, to Jones (a private buyer). Jones was not in the business of selling automobiles. He sold one of them to Smith. Before buying, Smith checked the serial number of the automobile at the registry. Smith found no record of any security interest held in this automobile by the bank because the bank held a GSA rather than a specific security interest in this particular automobile.Smith later bought a new automobile from a different dealer, trading in the one he had bought from Jones. This dealer then sold the used automobile he had gotten from Smith to Brown. The bank later seized the automobile from Brown. Brown argued that the bank did not have an enforceable security interest in the automobile.Does the bank have a right to the automobile? Show your legal analysis.CASE 4The 18 Wheel Trucking Co. purchased a new truck from C.K. Motors Ltd., a firm that specialized in the sale of large tractor-trailer vehicles. In the six months following delivery, 18 Wheel Trucking found the new truck to be the subject of numerous breakdowns, both major and minor. The truck was out of service on 18 occasions, usually for minor problems such as headlight or brake light failures. On five occasions, the breakdown was serious and required major parts replacement, causing the vehicle to be out of service for several days. All of the repair work was done under warranty by the manufacturer’s dealer, at no cost to 18 Wheel Trucking Co.At the end of six months, on the 19th breakdown, 18 Wheel Trucking Co. left the vehicle with the dealer and demanded that the purchase price be returned. C.K. Motors Ltd. refused, and 18 Wheel Trucking Co. decided to take legal action against C.K. Motors Ltd. for a return of the purchase price.Indicate the nature of the claim of 18 Wheel Trucking Co. Should it win its case? Show your analysis.CASE 5The decision in the English case of Central London Property Trust Ltd. v. High Trees House Ltd., decided in the 1940’s has been used as a precedent by Canadian courts. In that case, a London management company entered a 99 year lease of a block of flats in the late 1930’s. In 1940 the part of London in which the flats were located was evacuated for a significant period, due to German bombing during World War Two. The management company was unable to pay the rent, and the owners agreed to accept half payment. The management company continued to pay rent annually at the reduced rate for several years after the war had ended, even though the flats had returned to full occupancy. On discovering this, the owners demanded payment of all arrears and full rent for the remainder of the 99 year term.Are the owners entitled to demand the full rent for the life of the contract? Explain how you reached your decision. .doc file