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LAWS 504 Contract Law

tag 1 Download 11 Pages / 2,619 Words tag 09-06-2021


The following questions should be answered in paragraph format. It is expected that students will provide a suitable discussion, and therefore short answers and point-form are not acceptable.
(a) Your neighbour's dog has been driving you crazy with its barking – and after a heated discussion with your neighbour, your neighbour throws the dog's food dish at you. The dish hits you, then bounces off and breaks one of your home's small windows. You want to sue your neighbour. In which court would you sue? Assuming the case made it all the way to the Supreme Court of Canada, name the courts your case would be heard in, noting any obstacles you would face in proceeding through to the Supreme Court of Canada.
(b) You want to claim financially for the injury you suffered, as well as for the cost of cleaning up the glass and repairing the window. While you were not hurt badly, nor did the window cost much, you want to bring an action to make sure your neighbour pays for what occurred. Discuss the type of action you would bring, and which court would be the best for your action, stating at least three reasons for your choice of venue. As a part of your answer, briefly explain the differences
between civil and criminal proceedings and relate this answer to the issue above.
(c) There have been examples of high profile cases, in Canada and in the US, where both criminal and civil charges were laid or possible. Discuss one such case and
explain how this relates to the issue above.
(a) You are a licensed real estate representative trying to sell your own condominium in downtown Vancouver. Recently, a rehabilitation centre specializing in drug addictions opened up in your neighborhood. When showing your condo to potential buyers you intentionally provide false information regarding the rehabilitation centre to encourage a sale. In addition, you did not disclose the fact that you are a licensed real estate representative to potential buyers and knowingly lied about the
age of the condo, stating it was significantly newer than its actual age. Describe the various disciplinary consequences you could potentially face.
(b) Unable to sell your condo, you decide to stay. The patients attending the rehabilitation centre linger just outside your private garden area. You decide to have a tall privacy screen built, which would in contained in your unit’s area and not in the common area of the condominium building (assume that your building bylaws allow you to build this screen). The entire eight foot height of your screen will be covered with vines, so that you have complete privacy from both the patients of the rehabilitation centre and your next door neighbours. However, within a short period of time your neighbour complains that the screen casts a large shadow on her outdoor garden and causes her plants to die. As well, the yellow flowers from the vines have been falling on her paving stones causing them to stain. She told you that if you don’t remove the screen she will sue you.
Discuss what you think is her best claim under tort law and provide your reasons for your argument. 
(c)You decide to sell your condominium and move elsewhere. However, you discover that your ownership of the property is actually a joint tenancy with your daughter, rather than a tenancy in common. Discuss the issues you will face in selling your condominium and whether you have the right to do it or not.
(d)Assume that you have accepted an offer for the purchase of your condominium. The screen was not mentioned and you have assumed that you will be taking it with you when you move. Discuss the relevant criteria the courts would consider in deciding whether this screen belongs to the new owner, or whether it is yours. How might your answer differ if this item was specified in the contract of purchase and sale?
Choose a single issue of interest (e.g., negligent misrepresentation, trespass, breach of warranty, private nuisance, etc.) and research reported decisions related to this issue. Using the case brief format set out in Chapter 1 of the course manual, prepare case briefs for three different reported decisions. Discuss the state of law on this issue based on these decisions and how the principle of stare decisis applies to these decisions (i.e., how this was or was not reflected in the decisions you briefed).
Choosing cases: You are welcome to choose an area of law that is of interest to you, for example, host liability. Along with cases from the provincial courts in your province, it is allowable to use decisions from administrative tribunals (e.g., Property Assessment Appeal Board, Expropriation Board, etc), as long as they are written decisions and enough facts are present to allow you to do a case brief.
Tip: While you must brief three separate cases, you may find it interesting to review cases at the Supreme Court of Canada level, or at the Court of Appeal level in your province, to see how successive courts differ in the application of law. Tracing a decision backwards can make the project both interesting and informative – also, you will find that lower court levels will often provide more information about the parties and the facts. You may find that decisions at the Supreme Court or Court of Appeal levels are better reported than Provincial Court, and also possibly refer to precedent more uniformly. However, keep in mind that if you do choose to trace a case through multiple levels of court, this only counts as ONE of the three case briefs required.
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