s001-300364843-MIDTERM2

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Douglas College *

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1320

Subject

Law

Date

Apr 3, 2024

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docx

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Uploaded by BaronFirePolarBear35

_ /10 CASE 10 _ /1 Parties - BCIT vs Barry Tone _ /2 Issue - Did Barry Tone have capacity to follow to the contract? _ /2 Law - Negligent Misrepresentation: a statement made carelessly and in violation of the obligation on the part of both parties to take reasonable steps to ensure the liability of the statement - Capacity: the ability to consent to a legal matter _ /3 Analysis Oct 20222: Barry Tone signed a 12 months performance contract with BCIT through out 2023 BCIT later found out Barry signed the same contract with Douglas College at the same time (BCIT offered a higher salary) Barry broke promise to follow contract with Douglas College and regret it later on A month after signing with BCIT, Barry informs BCIT that he could not perform to the contract. Barry's decision to inform BCIT in November that he would not perform on his contract with them further confirms his breach of contract. By expressing his refusal to fulfill his obliga- tions to BCIT, he is breaching his contractual commitments. _ /2 Remedy BCIT may seek monetary compensation for the losses incurred as a result of Barry's breach of contract. The damages sought would typically aim to put BCIT in the position they would have been in if the breach had not occurred. This could include any financial losses suffered by BCIT as a result of Barry's failure to perform his contractual obligations. Court costs

_ /10 CASE 11 _ /1 Parties - Chris vs Daisy _ /2 Issue - Was the contract breached ? _ /2 Law - “Time is NOT of the essence”: o a party must fulfill to the contract even late if there is a specific dateline in the contract. - Breach: Failure to fulfill a contractual obligation - _ /3 Analysis - Chris and Daisy enters into a contract which Chris agrees to buy 1000 miniature roses from Daisy for $5/plant - Payment upon delivery and to be deliver on or before February 10 - February 7, an extreme cold spell froze all of Daisy’s roses, Chris purchases 1000 mini roses from another vendor for $10/plant - Daisy still have until February 10 to fulfill her contract with Chris - Chris should’ve waited for Daisy to come up with a solution until the dateline: Febru- ary 10. _ /2 Remedy - Chris pays for court cost

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