Canadian Law
Define stare decisis
Judges in common law jurisdiction must follow the decisions of higher courts in the same jurisdiction based on similar facts.
False imprisonment must be physical to be actionable
False - it can be a mental restraint! (E.g., you think you have no other option but to follow the security guard)
Under common law, what do courts consider when determining what is a reasonable notice for dismissal without just cause?
Length of service, type of jobs, age of employees, qualification, availability of similar employment, and any bad-faith conduct.
Define (1) Repudiation, (2) Revocation, (3) Rescission, (4) Rectification, (5) Restitution
(1) Breach of contract, (2) Cancellation of offer, (3) Cancellation of contract, (4) Modify the contract, (5) compensate the breach of contract.
A creditor with a claim against a sole proprietor would normally have a right against the sole proprietor, limited only to his contribution to the business (T/F).
False. Sole proprietor has unlimited liability, and any claim against him would extend to his personal assets
Which principle allows statutes to override common law?
Parliamentary Supremacy
What is the main difference between assault and battery?
Assault is non-physical, whereas battery is physical
An employer is vicariously liable for torts committed by employees (T/F)
False. The tort must be committed doing what they are hired to do (during the course of employment)
How many types of contracts have you learned?
Unilateral and Bilateral
The corporation, having the same capacity as a natural person, may buy and sell, make contracts, own land, is obligated to pay tax under municipal, provincial and federal schemes, and may otherwise acquire all the rights and obligations of a natural person (T/F).
True
What do sections 91 and 92 of the Constitution Act (1867) do?
Divides the powers between federal and provincial governments
What are the defences to defamation? There are five
(1) Truth
(2) Fair Comment
(3) Qualified Privilege
(4) Absolute Privilege
(5) Responsible Communication
What is it called if the employer, unilaterally, without proper notice, changes a significant term of the employee's employment?
Constructive dimissal
Sydney recently migrated to BC to study at the business school. She got a job at a restaurant in Vancouver downtown to finance for the expensive tuition. The restaurant’s manager agreed to hire Sydney for $10 per hour, knowing that Sydney does not know the legal minimum wage requirement in BC of $16.75. Sydney is happy to accept the offer as she would be able to support her life here in Vancouver. Is the contract valid?
No. While there is consensus, consideration, capacity, and intention, there is an issue of legality. The legal minimum wage is $17.85, and paying below this goes against the Employment Standards Act of BC.
Shareholders, directors, and officers owe a fiduciary duty to the corporation (T/F)
False. Only directors and officers
Sara is sued in the BC Supreme Court for causing damage to a road and the facts of the case are very similar to one that the Alberta Court of Appeal just passed judgment on. Sara hired you as his lawyer. You cited the Alberta Court’s decision to support the case. Must the judge in the BC Supreme Court follow the decision from the Alberta Court of Appeal?
No. The stare decisis principle outlines three important criteria: (1) judgment from a higher court, (2) cases of similar facts, and (3) in the same jurisdiction. In Sara’s case, criteria (1) and (2) are met, while (3) is not. Therefore, the stare decisis principle is not applicable in this case – not binding. In other words, judges in the BC Supreme Court must not follow decisions from the Alberta Court of Appeal. However, they can follow the lines of reasoning only if they find the decision persuasive and appropriate.
Caleb is an experienced soccer player. He is representing SFU for a much-anticipated seasonal match against UCLA. Eighty-five minutes into the game, no team has scored, but Caleb has one trick up his sleeves. He shows the Americans what “real football" means with his sly tricks. This move helps Bernardo secure the championship for the SFU team. However, while performing the move, he pushes Eric - a UCLA player, onto the ground. As the crowd cheers for Caleb, Eric feels hurt and defeated. He then sues Caleb for battery. Discuss the likely outcome
Caleb has a defense of consent in the lawsuit against him. In particular, Caleb can argue that even though the consent has not been explicitly communicated, it is indeed implied due to the nature of the sports game.
Sam Altman is an employee of OpenAI. When he is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice (T/F)
False. He is not entitled to notice or payment because he was dismissed for either summary or performance related
Jessie is a legally blind teacher who teaches piano to kids at Delta Secondary School. She relies on her trusted acquaintance, Evan, to help her with a bank document. Jessie gives Evan a limited power of attorney to manage her bank account for a specific transaction while she is out of the country. Unable to reach the document herself, Jessie relied on Evan’s explanation and signed it. Later, it is discovered that the document was not a limited power of attorney but a general power of attorney, granting Evan full control over Jessie's finances and property. Evan obtained a car loan using Jessie’s account, which he later defaulted. The bank sued Jessie for breach of contract. What defense can she use?
Jessie can use non est factum defense because the document signed was fundamentally different from what Jessie believed it to be. She thought it granted limited powers, but it actually granted general powers. In addition, Jessie was not negligent because she took reasonable precautions by asking Evan to explain the document. She could not verify its contents herself due to her visual impairment.
If the corporation is unable to finance its debts and goes bankrupt, creditors and lenders can come after the shareholders for payments (T/F)
False. Only the corporation is responsible for the debt as a legal person
The Charter of Rights and Freedom governs the relationship between individuals
False, the Charter applies only to government, including laws made by all levels of government and agents acting on behalf of the government.
Sophia has a swimming pool in the backyard of her mansion, which lies next to the rose garden. The pool is enclosed on all sides by a line of evergreen trees. The only entrance to the pool is a wooden saloon gate that she occasionally locks. Before Christmas, Sophia decided to remodel her backyard, which requires a complete drainage of the pool. This time, she accidentally left the gate closed but unlocked. Kai, a full-time gardener for the estate, was pruning the evergreen trees when he accidentally slipped off the ladder, falling into the empty pool and breaking his leg. Is Sophie liable for Kai's injuries?
Yes, Kai has a contractual agreement with Sophie to provide a service; therefore, Kai has consent from Sophie to be on the property. Sophie, as an occupier of the estate, owes a duty to take reasonable care to a person who enters the premises and will be reasonably safe to use the premises, pursuant to s. 3(1) of the Occupier Liability Act.
Jacobus has worked and dedicated his career at Charlene’s Bluerock Equity as a portfolio manager for 15 years. But, due to the recent merger, Jacobus’s position as manager was eliminated, and he was reassigned to his old job as a staff accountant in Hope without proper notice and consent. Jacobus then refused to take it and sued Charlene for wrongful dismissal. What would be the outcome?
This is constructive dismissal, where Charlene has not offered proper notice or obtained agreement from Jacobus about the change.
Fundamental changes include significant changes in job responsibilities or working conditions. When an employer makes such a change, the law treats the situation as if the employer had fired the employee from their old job and rehired them in a new job. Under these circumstances, Jacobus would be entitled to reasonable notice of dismissal or payment in lieu of notice.
Andy offers to sell a piece of artwork to Melissa for $5,000. Melissa responds by saying she'll buy it for $4,000. Andy denies the $4,000 offer, but Melissa wanted the art piece so much that she later accepted the original offer 30 minutes later. At this time, Andy has already sold the piece to another buyer. Melissa sued Andy for breache of contract because She believed they had a contract. Is she correct?
Melissa’s response is a counteroffer, which terminates the original offer made by Andy
A partnership can be created by the conduct of the parties (T/F)
True. A partnership is defined as two or more people carrying on business with a view to profits. It doesn't need an agreement and can be implied by conduct.