Legal Cases and Issues: Winter Snowmobiles, Blue Sky Betty, and Local Delivery Ltd.

Winter Snowmobiles Inc.

1.         Winter Snowmobiles Inc. had two snowmobiles for sale at the end of the snow season.      The company advertised them in a local newspaper.  While both were current year racing     models, one was relatively new, being only used as a demonstration.  The second     machine had been raced for most of the season, and had seen some very hard use.  At a     local snow festival, the company had both machines on display.  The racing machine was     displayed on a raised platform with the numerous trophies that it had won.  The other         machine had been displayed along with other models and equipment in the Company     display area.
    In response to the newspaper advertisement, a prospective purchaser called the company.      He referred to the advertisement, and asked if the advertised machines were still for sale.      The Company salesman said “yes”, and added that one had seen some use as it had been     raced during the season.  The prospective purchaser then asked if the machine was the     one that the company had in its display at the local winter festival.  The salesman replied     ‘yes’.  The prospective purchaser then offered to buy the machine for $8,000, and the     salesman accepted his offer.  The purchaser provided his credit card number to cover the     purchase price.  The company prepared the raced snowmobile for the customer and         marked it with a ‘sold’ label.  Later that day, it sold the demonstrator model.
    The next day, the purchaser arrived to pick up the snowmobile, only to discover that it     was the machine that had been raced, and not the demonstrator.  
    The purchaser demanded his money back, and when the Company refused to do so, he     instituted legal proceedings.

Discuss the nature of the purchaser’s claim and the arguments of the parties. Render a decision

2.     Betty Melnik, or “Blue Sky Betty” as she is called by fellow flight staff, is employed as a         flight attendant with Uplands Airlines.  She has twelve years experience with the airline,     and maintains a blog on her home computer under the blogname “Blue Sky Betty”.  On     her blog she relates her funny experiences as a member of the cabin crew of “Upchuck     Airlines, as she calls it.  She has thumbnail pictures of herself in uniform, a fairly     industry standard light blue suit and tie.  Close inspection shows the red collar piping     used by Uplands Airlines.  Some of the “funny” things Blue Sky Betty reported are     drinks spilled over passengers, a runaway food trolley on take-off, and late arrivals     causing stampedes of passengers for connecting flights.  An executive of Uplands         Airlines discovers the blogsite and immediately has Betty Melnik fired, “for just cause”.      Discuss the issues surrounding Melnik’s dismissal.

3.      Local Delivery Ltd. operated a local package delivery service, and engaged the services     of Margo to assist in parcel delivery.  Margo was expected to provide her own truck, but     would be paid on a per-kilometer basis for its use.  In addition, Margo would be paid at     an hourly rate for her services.  Local Delivery Ltd. would provide magnetic signs that     Margo was expected to attach to the sides of her vehicle while engaged in delivery work     for Local Delivery Ltd.
    Margo agreed that she would work exclusively for Local Delivery Ltd, and would be     expected to send Local Delivery Ltd. invoices for her work hours and truck use on a     monthly basis.
    Margo delivered parcels for three years for Local Delivery Ltd.  At the end of the third     year, she received a written notice that stated that her services would no longer be     required, effective in one month’s time.  The letter also required her to return the     magnetic signs on the expiry of the notice period.
    Margo objected to the short notice of the termination of her services, and took the     position that she was an employee.

    Discuss the position of the parties in this case, and the arguments that each may raise to     support their position.  Speculate as to how the matter may be decided if the case should     come before the court.