Respond to the specific questions asked below

Respond to the specific questions asked below and ensure that you include in your responses, discussion of the elements in the grading rubric.

1.Distinguish between specific performance and injunction.Explain the restrictions on their availability.

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2.Explain how fraudulent, negligent and innocent misrepresentations differ.Identify the remedies that are available for each type of misrepresentation.

3.Distinguish between defamation, trade slander, and deceit, indicating in what situations each would be used.

4.Explain and discuss three ways lawyers bill their clients.Which of the three is most commonly used?

5.Explain the role of implied terms in a contract.Who has the power to imply terms into a contract?When will the power be used?

6.Using the principles of stare decisis, explain how judges determine whether or not they are bound by another judge’s decision in a similar case.

7.List and describe the principal advantages of alternative dispute resolution.

8.Why is the case of Haig v Bamford considered important in the recent development of tort law?

9.Give five examples of contracts deemed by the courts to be against public policy and describe the effect of such a designation.

10.Distinguish among duress, undue influence, and unconscionability and give examples of each.

Case 1

A separated couple negotiated an agreement under which the wife waived her rights to her husband’ pension benefits.The husband signed the interspousal agreement on October 9, 2010.The wife signed it on October 13.Unfortunately, the husband died unexpectedly on October 12.The wife claimed not be bound by the interspousal agreement and made a claim under the husband’s pension plan.She was denied benefits.She applied to have the Court nullify the interspousal agreement so she would qualify as the beneficiary of the pension benefits.

Should the Court enforce the interspousal agreement, even though the wife signed it after the husband died?Was this a case in which the parties did not intend to be bound by their agreement until the written contract was signed by both of them?

Case 2

Roper and Jensen had consumed beer and smoked marijuana before going with Gosling for the evening to a bar, where they all consumed a considerable amount of alcohol.They were drunk when they left and got into Roper’s car so that he could drive them home.A single-car accident caused by Roper’s impairment occurred in which Roper rolled the car and Gosling was seriously hurt.Gosling sued Roper for negligence.

Indicate what arguments can be raised in Roper’s defense and what factors will the courts take into consideration in determining liability.Would it make any difference if the court determined as a finding of fact that although a reasonable person would have been aware that Roper’s ability to drive was impaired, Gosling wasn’t in fact aware of this when she got into the vehicle with Roper?What if Gosling didn’t have any other way home?If Gosling did know about Roper’s impairment, should her conduct be a complete bar to recovery?

Case 3

Chopra went to Eaton’s department store seeking a refund.An argument ensued.Smith (the store’s security guard) told Chopra that he would have to leave.Smith took Chopra’s elbow and started to escort him out of the store.Nears the doors, Chopra pushed Smith away, presumably wishing to go through the doors unassisted.Smith reacted quickly and violently putting Chopra into a headlock.Chopra’s glasses were knocked off his head and his lip was cut; he was handcuffed and detained in the security office, and subjected to racial slurs.Chopra asked to leave, asked to call his wife, and asked Smith to call the police.All of these requests were refused.After Chopra had been detained for four hours, the police arrived and charged Chopra with assaulting Smith and causing a disturbance.All charges were later dismissed.

Identify what causes of action are available to Chopra to address the wrongs done to him.

Case 4

According to the Residential Tenancies Act in place in Nova Scotia, residents who have been renting premises for more than five years have security of tenure, which means that they can be given notice to leave only if they are in violation of their obligations under the lease.The Act, however, specifically excludes people who are living in public housing, and Mrs. Evans, a single mother with two children, had been living in the public housing for 10 years when she was given one month’s notice to leave.

What arguments might she raise to defeat this notice to vacate?How would it affect your answer to know that Mrs. Evans was a black woman, and she was one of a group of black woman on social assistance particularly hard it by the legislation in question?

Case 5

The younger Mr. Gill was fluent in English and a sophisticated businessperson.He had worked in a credit union for a number of years and had managed his father’s berry farm.To take advantage of a business opportunity, he arranged with the Royal Bank to borrow $87,000.During the negotiations, it became clear that he could get a more favorable rate of interest if his father guaranteed the loan.In fact, the son had done a considerable amount of banking on behalf of his father, who was a customer at the same bank.The elder Gill could not read, write or speak English and relied on his son in all his business dealings.The documents were prepared and the son brought his father to the bank to sign them.At no time did he explain to his father that he would be signing a personal guarantee and the evidence was clear that the father had no idea what he was signing other than that it was a document associated with a loan transaction.Gill Sr. had implicit faith in his son’s handling of business affairs.Gill Jr., on the other hand, was so excited about the deal that he apparently never explained the nature of the documents to his father.It is clear in this situation that at no time was there any misrepresentation to the father or the son on the part of the bank.When the son defaulted on the loan, the bank turned to the father for payment.

Should Gill Sr. be held responsible for this debt?What precautions should the bank have taken?Identify the best arguments for the father.What arguments should the bank advance?Case 1

A separated couple negotiated an agreement under which the wife waived her rights to her husband’ pension benefits.The husband signed the interspousal agreement on October 9, 2010.The wife signed it on October 13.Unfortunately, the husband died unexpectedly on October 12.The wife claimed not be bound by the interspousal agreement and made a claim under the husband’s pension plan.She was denied benefits.She applied to have the Court nullify the interspousal agreement so she would qualify as the beneficiary of the pension benefits.

Should the Court enforce the interspousal agreement, even though the wife signed it after the husband died?Was this a case in which the parties did not intend to be bound by their agreement until the written contract was signed by both of them?

Case 2

Roper and Jensen had consumed beer and smoked marijuana before going with Gosling for the evening to a bar, where they all consumed a considerable amount of alcohol.They were drunk when they left and got into Roper’s car so that he could drive them home.A single-car accident caused by Roper’s impairment occurred in which Roper rolled the car and Gosling was seriously hurt.Gosling sued Roper for negligence.

Indicate what arguments can be raised in Roper’s defense and what factors will the courts take into consideration in determining liability.Would it make any difference if the court determined as a finding of fact that although a reasonable person would have been aware that Roper’s ability to drive was impaired, Gosling wasn’t in fact aware of this when she got into the vehicle with Roper?What if Gosling didn’t have any other way home?If Gosling did know about Roper’s impairment, should her conduct be a complete bar to recovery?

Case 3

Chopra went to Eaton’s department store seeking a refund.An argument ensued.Smith (the store’s security guard) told Chopra that he would have to leave.Smith took Chopra’s elbow and started to escort him out of the store.Nears the doors, Chopra pushed Smith away, presumably wishing to go through the doors unassisted.Smith reacted quickly and violently putting Chopra into a headlock.Chopra’s glasses were knocked off his head and his lip was cut; he was handcuffed and detained in the security office, and subjected to racial slurs.Chopra asked to leave, asked to call his wife, and asked Smith to call the police.All of these requests were refused.After Chopra had been detained for four hours, the police arrived and charged Chopra with assaulting Smith and causing a disturbance.All charges were later dismissed.

Identify what causes of action are available to Chopra to address the wrongs done to him.

Case 4

According to the Residential Tenancies Act in place in Nova Scotia, residents who have been renting premises for more than five years have security of tenure, which means that they can be given notice to leave only if they are in violation of their obligations under the lease.The Act, however, specifically excludes people who are living in public housing, and Mrs. Evans, a single mother with two children, had been living in the public housing for 10 years when she was given one month’s notice to leave.

What arguments might she raise to defeat this notice to vacate?How would it affect your answer to know that Mrs. Evans was a black woman, and she was one of a group of black woman on social assistance particularly hard it by the legislation in question?

Case 5

The younger Mr. Gill was fluent in English and a sophisticated businessperson.He had worked in a credit union for a number of years and had managed his father’s berry farm.To take advantage of a business opportunity, he arranged with the Royal Bank to borrow $87,000.During the negotiations, it became clear that he could get a more favorable rate of interest if his father guaranteed the loan.In fact, the son had done a considerable amount of banking on behalf of his father, who was a customer at the same bank.The elder Gill could not read, write or speak English and relied on his son in all his business dealings.The documents were prepared and the son brought his father to the bank to sign them.At no time did he explain to his father that he would be signing a personal guarantee and the evidence was clear that the father had no idea what he was signing other than that it was a document associated with a loan transaction.Gill Sr. had implicit faith in his son’s handling of business affairs.Gill Jr., on the other hand, was so excited about the deal that he apparently never explained the nature of the documents to his father.It is clear in this situation that at no time was there any misrepresentation to the father or the son on the part of the bank.When the son defaulted on the loan, the bank turned to the father for payment.

Should Gill Sr. be held responsible for this debt?What precautions should the bank have taken?Identify the best arguments for the father.What arguments should the bank advance?Case 1

A separated couple negotiated an agreement under which the wife waived her rights to her husband’ pension benefits.The husband signed the interspousal agreement on October 9, 2010.The wife signed it on October 13.Unfortunately, the husband died unexpectedly on October 12.The wife claimed not be bound by the interspousal agreement and made a claim under the husband’s pension plan.She was denied benefits.She applied to have the Court nullify the interspousal agreement so she would qualify as the beneficiary of the pension benefits.

Should the Court enforce the interspousal agreement, even though the wife signed it after the husband died?Was this a case in which the parties did not intend to be bound by their agreement until the written contract was signed by both of them?

Case 2

Roper and Jensen had consumed beer and smoked marijuana before going with Gosling for the evening to a bar, where they all consumed a considerable amount of alcohol.They were drunk when they left and got into Roper’s car so that he could drive them home.A single-car accident caused by Roper’s impairment occurred in which Roper rolled the car and Gosling was seriously hurt.Gosling sued Roper for negligence.

Indicate what arguments can be raised in Roper’s defense and what factors will the courts take into consideration in determining liability.Would it make any difference if the court determined as a finding of fact that although a reasonable person would have been aware that Roper’s ability to drive was impaired, Gosling wasn’t in fact aware of this when she got into the vehicle with Roper?What if Gosling didn’t have any other way home?If Gosling did know about Roper’s impairment, should her conduct be a complete bar to recovery?

Case 3

Chopra went to Eaton’s department store seeking a refund.An argument ensued.Smith (the store’s security guard) told Chopra that he would have to leave.Smith took Chopra’s elbow and started to escort him out of the store.Nears the doors, Chopra pushed Smith away, presumably wishing to go through the doors unassisted.Smith reacted quickly and violently putting Chopra into a headlock.Chopra’s glasses were knocked off his head and his lip was cut; he was handcuffed and detained in the security office, and subjected to racial slurs.Chopra asked to leave, asked to call his wife, and asked Smith to call the police.All of these requests were refused.After Chopra had been detained for four hours, the police arrived and charged Chopra with assaulting Smith and causing a disturbance.All charges were later dismissed.

Identify what causes of action are available to Chopra to address the wrongs done to him.

Case 4

According to the Residential Tenancies Act in place in Nova Scotia, residents who have been renting premises for more than five years have security of tenure, which means that they can be given notice to leave only if they are in violation of their obligations under the lease.The Act, however, specifically excludes people who are living in public housing, and Mrs. Evans, a single mother with two children, had been living in the public housing for 10 years when she was given one month’s notice to leave.

What arguments might she raise to defeat this notice to vacate?How would it affect your answer to know that Mrs. Evans was a black woman, and she was one of a group of black woman on social assistance particularly hard it by the legislation in question?

Case 5

The younger Mr. Gill was fluent in English and a sophisticated businessperson.He had worked in a credit union for a number of years and had managed his father’s berry farm.To take advantage of a business opportunity, he arranged with the Royal Bank to borrow $87,000.During the negotiations, it became clear that he could get a more favorable rate of interest if his father guaranteed the loan.In fact, the son had done a considerable amount of banking on behalf of his father, who was a customer at the same bank.The elder Gill could not read, write or speak English and relied on his son in all his business dealings.The documents were prepared and the son brought his father to the bank to sign them.At no time did he explain to his father that he would be signing a personal guarantee and the evidence was clear that the father had no idea what he was signing other than that it was a document associated with a loan transaction.Gill Sr. had implicit faith in his son’s handling of business affairs.Gill Jr., on the other hand, was so excited about the deal that he apparently never explained the nature of the documents to his father.It is clear in this situation that at no time was there any misrepresentation to the father or the son on the part of the bank.When the son defaulted on the loan, the bank turned to the father for payment.

Should Gill Sr. be held responsible for this debt?What precautions should the bank have taken?Identify the best arguments for the father.What arguments should the bank advance?

There is no formal minimum or maximum length for your reports but you should expect that a minimally satisfactory response for each question will be at least 150 words and at least 250 words for each case based question. You may exceed this minimum but a minimally satisfactory response is not likely to be less than the minimums stated above. Make sure you reference any external sources you use in your responses.

School of Business has a zero tolerance policy with respect to plagiarism and you are cautioned to be very careful not to commit plagiarism when responding to assignments like this.Plagiarism can take a number of forms in this type of assignment including but not limited to:

  • Submitting the work of another student as your own;
  • Simply copying the contents of the text as it relates to the questions above; and
  • Paraphrasing the contents of the text without proper acknowledgement.

If you have any doubts about plagiarism as it applies to this assignment, do not hesitate to contact me for guidance.

Where you use outside sources in your responses, you must use APA citation and referencing protocols.In some cases, failure to properly cite and reference sources will constitute plagiarism.When you use direct quotations from the text or where you paraphrase the text, you must cite and reference the text using the APA protocols.

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