Question

Text Book:- John H. Willes, Contemporary Canadian Business Law

Business Law Case analysis

1. Facts (Point Form) – 10%

This may sound obvious, but before you can analyze or apply the relevant law to a specific set of facts, you must clearly understand those facts. In other words, you should read through the case problem carefully—more than once, if necessary—to make sure you understand the identity of the plaintiff(s) and defendant(s) in the case and the progression of events that led to the lawsuit. When you are working on case problems, realize that the facts should be accepted as they are given.

Briefly indicate

a) the reasons for the lawsuit

b) the identity and arguments of the plaintiff(s) and defendant(s), respectively.

2. Issues- 15%

Concisely phrase, in the form of a question(s), the essential issue before the court. (If more than one issue is involved, you may have two—or even more—questions here.) The basic issue may be a failure to warn customers of a wet floor which constitutes negligence. As discussed in class, negligence is a tort—a civil wrong. In a tort lawsuit, the plaintiff seeks to be compensated for another’s wrongful act. A defendant will be deemed negligent if he or she breached a duty of care owed to the plaintiff and the breach of that duty caused the plaintiff to suffer harm.

3. Decision- 10%.

Indicate here—with a “yes” or “no,” if possible—the court’s answer to your question (or questions) in the Issue section above.

4. Reason- 30%

Summarize the reasons you feel will be given by the court for its decision(s) and the case or statutory law relied on by the court in arriving at its decision.

5. Theory + Research (35%): Include textbook + online resources to support your arguments (theory and/or Common Law cases)

BUS2320 Case: Chapter 12 Case 7

Ms. Black wished to purchase Mr. Green’s farm. After lengthy negotiation, the two parties drew up and signed an agreement of purchase and sale for the farm with the assistance of and in the presence of Green’s real-estate agent, Simms. The agreement that the parties signed was a standard, preprinted form used by all local real-estate agents that contained a clause which was an irrevocable direction by the vendor of the land, Green, to the purchaser, Black, to deduct from the sale price and pay the real-estate agent’s commission directly to Simms on the closing day of the transaction. The preprinted form had printed on it a black circle with the word “Seal” written under it. Also, above the line for Green’s signature were printed the words “In witness whereof I have hereunto set my hand and seal.” Beside Green’s signature line was a place for a witness to sign the agreement. Immediately above this place appeared the preprinted words “Signed, sealed and delivered in the presence of.” Green and Black each had lawyers looking after the details of the transaction and each gave a copy of the agreement to their respective lawyers.

Shortly before the closing of the sale, Green’s lawyer prepared some final paperwork and had Green sign several important documents. Among them was a direction to Black and Black’s lawyer to make the cheque for the full amount of the purchase price payable to Green. On closing, Black’s lawyer presented to Green’s lawyer a cheque made payable to Green for the full purchase price of the farm. Green’s lawyer later turned over the cheque to Green.

After the closing, Simms contacted Green to request the delivery of his commission cheque. Green replied that neither he nor his lawyer had received a cheque for Simms from Black’s lawyer on closing and suggested that Simms contact Black himself since that was the arrangement. When Simms called Black, Black stated that as far as she was concerned, she had paid for the farm and did not owe anyone any more money.

Discuss the legal issues raised here and the respective arguments, rights, and liabilities of the parties.

Answer 1

Green committed Fiduciary offence against the agent for changing contract term.

Explanation:

• The vendor, purchaser and lawyers committed the breach of contract against the agent,

The Black purchaser and her lawyer

• Negligently signed a contract of different term leading to the loss of fee of the agent.
• Committed torte law of negligence and liable to compensate the agent for the loss incurred du to their negligence

Green and her lawye.

• Intentionally changed contract term in disadvantage of the agent leading to the loss of the agent fee.
• committed fiduciary offence against the agent and liable to compensate the agent due to act that led to the loss of agent fee.

The agent

• Has a right for remuneration under common law for against the principal.
• Therefore he qualify for application of remedy under common law of agent.