Contemporary Canadian Business Law: Principles and Cases Tenth Edition Cases

2150 Words9 Pages
Contemporary Canadian Business Law: Principles and Cases Tenth Edition Chapter 15: Case 9 Case 9 deals with a homeowner (the principle) who lists her property for sale and enters into an agreement with an agent to facilitate a sale with a third party. Over the course of the agency agreement a prospective buyer inspected the property but didn’t make an offer before the agency agreement expired. The legal issue that arises comes after the agency agreement expires. The prospective buyer later decided to put in an offer, which was accepted, but once discovering that the agreement between the principle and agent had expired brought legal action against the agent. The nature of the buyer’s actions in my opinion could be considered…show more content…
Over the next several years Crockett would continue to live in the cabin and only spend the coldest winter months away and paid taxes on the cabin each year. In 1994 Crockett expanded the fences further to include an area 30metres by 45metres in order to enclose a larger vegetable garden. Smith didn’t object but warned that the two large hickory trees be left standing. In the summer of 2002, the two large hickory trees were damaged by a lightening strike and subsequently cut down by the defendant, which promoted the plantiff to go into a rage and order Crockett off the property. Crockett refused to leave claiming he was the owner of a parcel of land. The main legal issue to examine regarding this case deals with encroachment, which is simply defined as: A possessory right to the property of another that may be acquired by the passage of time. Crockett has well documented existence of the woodlot property dating back over 20 years and was not met with objection on the part of the Smith, who is the true owner. Due to the fact that the plantiff left the defendant undisturbed for over 20 years, he lost his right to dispute to object the encroachment. Smith would have had to make his objections known regarding Crockett’s occupancy in the log cabin, constructed on his wood lot, many years earlier if he wanted to maintain his right to object. It is my belief that the court would view things similarly and decide that Smith lost his right to object to Crockett’s
Open Document