MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
17th Edition
ISBN: 9781337094498
Author: Roberts
Publisher: IACCENGAGE
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Chapter 6, Problem 9CP
Summary Introduction
To discuss: Whether person W was guilty of crime of embezzlement.
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9. Mark works as a courier. While on his daily
route, Mark delivered a package to a home
and noticed a pool in the backyard similar to
what he would like in his own backyard. After
work, Mark returned to the home to see the
pool. He rang the doorbell to ask permission
to enter the backyard, but no one was home.
As no one was home to disturb, he went into
the backyard to take a look at the pool. The
family returned home to find Mark in their
yard. They felt threatened, demanded that he
leave, and called the police. Which of the
following statements regarding Mark's
situation is true?
a) The courier company would be vicariously
liable because Mark first entered the property
when working.
b) Mark would be guilty of trespass to chattels
because he was there to see the pool.
c) Mark could use the defence of consent
because he attempted to ask for permission
to enter the yard and no one refused his
entry.
d) The courier company would not be
vicariously liable for Mark's actions.
Adam is the owner and driver of a bus company. He has a contract to transport students to and
from school. One Monday morning, he went to pick up Susan, who was one of his regular
passengers. Susan was not ready, and he waited an extra 15 minutes for her. Susan was to sit for
her term paper that very morning. On their way to school, Adam was urged on by the students, in
particular Susan, to drive very fast so that they could reach school on time. To please the
students, Adam exceeded the speed limit and overtook many vehicles on the way. When he was
about 10 minutes from the school, he attempted to overtake a truck and collided into an
oncoming car. Most of the students sustained injuries, including Susan. Susan and her parents are
planning to sue Adam.
Discuss the following:
A. The main issue in this case.
B. What arguments Susan could make in support of the main issue in this case against
Adam?
C. What defences can reasonably be asserted by Adam?
Pandelani is a farmer just outside East London and he is interested in buying another tractor but can only afford a second hand one. He comes across an advert placed in the Farmer’s Weekly magazine by Wouter, who resides in Gqeberha, to sell his second‐hand John Deere CX60. Pandelani emails Wouter to enquire about the availability of the tractor and Wouter replies that it is still available, after which Pandelani makes an offer. Wouter emails Pandelani his letter of acceptance on the 20th May 2019. Wouter’s email enters Pandelani’s Gmail account also on the 20th May 2019. On the 25th May 2019, Pandelani logs into his Gmail account while at a prestigious sheep auction in Bloemfontein and reads Wouter’s email of acceptance.
Indicate when and where the contract between Pandelani and Wouter came into existence in this instance.
Chapter 6 Solutions
MINDTAP BUSINESS LAW FOR MANN/ROBERTS S
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