INSTRUCTIONS:
You are required to provide solutions for one tort law hypothetical and one contract law hypothetical. You are expected to use everything you learned in this course to help you formulate solutions (i.e. use all legal tests, legal formulae, and applicable case law).
You are required to submit solutions for both hypotheticals. There will be a place provided to upload your solutions on the Moodle site.
Submit your solutions in either a .doc or .pdf format. Make sure to identify which hypotheticals for which you are providing solutions at the top of the first page. You can submit both hypos in one document. Also, make sure to cite your sources (on a “References” page at the very end) and provide the full case citation if you cite case law.
You may submit your solutions using a table format; however, you must use full sentences (i.e. point form is not acceptable) for your explanations.
Applied Legal Scenarios: Legal Hypotheticals
Tort Law Case – Tort Hypo No. 1
David, a semi-retired teacher with significant health problems, was driving 30 km/hr in a school zone. That morning, David’s nurse gave him the wrong pills and he was feeling drowsy because of the mix-up with his medication. The nurse knew that David needed to drive to a doctor’s appointment later but she was in a rush as she had other patients to visit that day. As David passed a local elementary school on the way to his appointment, a 9-year-old boy named Jordan ran into the street to chase a hockey ball that bounced out of the school parking lot while he and his friends were playing ball hockey after school. David slammed on his brakes to avoid hitting Jordan and the car came to a full stop. Unfortunately, he was too late and Jordan was knocked to the ground. Fortunately, Jordan saw the car coming and braced himself for the impact. Jordan sustained a dislocated shoulder and a sprained knee after being hit by David’s car. Because of having to stop his car suddenly, David hit his head on the steering wheel and suffered a concussion. He now has persistent head aches and is unable to keep his part-time job at the supermarket where he was working as a stock person.
Immediately after David stopped his car on the road, Danielle, who was driving closely behind David, swerved to miss his car. Danielle was clocked at 70 km/hr by the crossing guard who set up a speed camera in front of the school as part of the school’s road safety program. As Danielle swerved, she lost control of her car, hit the speed camera and was seriously injured when her car crashed into a tree. Danielle’s injuries included a broken ankle, broken ribs and significant head trauma. The camera, manufactured by a company called “Photo-Op”, blew up like a bomb owing to a faulty lithium ion battery that was subject to a recall order. It turns out that the camera blew up due to an over-heated battery and not because of the impact from being hit by Danielle’s car.
Patricia, who was picking up her child from the school, was standing near the accident scene, next to the speed camera. Patricia suffered from 2nd-degree burns and was temporarily blinded by the explosion. Patricia has a heart condition and the shock from the explosion caused her to have a stroke. The crossing guard, Sally, is an ex-cop and she witnessed everything that happened.
Explain the elements of each potential case (using the ABCDs of Negligence) while also discussing possible outcomes and defences.
Contract Law Case – Contract Hypo No. 1
Jason, a recently retired restaurant owner, decides that he no longer wishes to be a slave to technology. Part of his plan to completely disconnect includes a self-imposed ban on the use of cell phones and computers.
Jason makes the decision to move, permanently, to his parents’ vacation home in a remote community on a private island located in the middle of a lake on Vancouver Island. In keeping with his ban on technology, he places an ad in the classifieds section of the provincial newspaper stating that he is selling his car.
The following ad was published in the weekend edition of the newspaper: “2010 Volkswagen Jetta FOR SALE. Car is in excellent working condition and will be sold to the first person who sends me a notice in writing indicating they will buy the car for $4,000. Notices must be sent to the following address: 123 Coney Island, Lake Comox, BC V1R 0G4”.
On Sunday evening, Jenny, who has yet to pass her driver’s test as she is only 15, posts a letter stating that she wants to buy Jason’s car for $4,000 on Wednesday morning. It normally takes one week for letters that are sent from Vancouver to arrive on Coney Island.
On Monday morning, Jessica, a bartender who used to work with Jason in the restaurant business, sees the advertisement in the newspaper. She recognizes the address as Jason once invited her to visit the vacation home a few summers ago. Late Monday night, after a long evening shift and after she has had one-too-many beers after work, Jessica sends Jason an email (to the email address that he gave her when they first met) stating that she is willing to pay $4,000 for the car. Jason never receives the email, owing to his self-imposed ban on the use of cell phones and computers.
On Tuesday evening, Jason meets his friend Dave for dinner on his family’s private island. Dave complains how his car is giving him problems and Jason mentions that he is selling his Jetta for $3,500. Dave says that he only has $3,000 to spend on a replacement car. Jason does not want to sell his car to Dave in case the car ends up suffering from mechanical problems, which would then put a strain on their friendship. To make matters worse, Dave suggests that, as part of the “deal”, he can give Jason $2,000 in cash and then transfer to him $1,000 worth of bonds that Jason knows Dave acquired in a fraudulent transaction.
Jason was becoming very discouraged as he thought selling his car would be quick and easy. So, he calls his 25-year old niece and tells her: “Look, Candice, you have to buy my car because of all the things I have done for you over the years… you owe me! I’ll give you my car for $3,000”. Candice offers her uncle $2,500 just because she feels pressured to make an offer but she has no intention of buying the car.
Explain, using the principles of contract law, the position of each of the parties involved in this scenario.
