Question 1 (5 marks)
The application of precedent in a common law system is subject to a number of rules. Outline the rules judges must apply when considering how much weight to give a precedent case.
Question 2 (15 marks)
A Cranbrook company buys an almost-empty warehouse. As they move in, they discover a couple of old barrels full of clear liquid tucked away in a corner. They decide to pour the liquid into the little creek than runs behind the warehouse, then take the empty barrels to the Transfer Station.
A local ecologist notices 3 dead Western Painted Turtles floating upside down where the creek flows in Elizabeth Lake. He tests the water and discovers the presence of a highly toxic pesticide. He is upset, and tells his friend who works at the Transfer Station about his discovery. Eventually, through the empty barrels, the toxic substance in Elizabeth Lake is traced back to the Cranbrook company
a) Explain what concurrent jurisdiction means as it relates to Cranbrook company’s law-breaking behaviour.
b) Which jurisdiction would be paramount in this situation? Define the doctrine of paramountcy as part of your answer.
c) You’ve learned through Chapter 2 that law serves to formalizes a culture’s values and principles. One of the Ktunaxa’s Stewardship Principles is “Now and into the future, we shall teach our children to be guardians of their land.” Think creatively for this last part of Question 2.
How could you capture this principle into a law, and to which level of government would you give responsibility for the law?
Question 3 (5 marks)
A friend who founded a bike guiding business finds out you are taking a course on Business Law and ask you for some advice. You immediately think of Chapter 3 in your textbook, and suggest she start by doing what? Give an example.
Question 4 (15 marks)
a) Think of a real business conflict that you know about through your personal life or through a news source. Briefly describe it.
b) Pick one of the four ways to solve business disputes outlined in Chapter 4. How would that way or method apply to the situation you’ve described? Explain, step-by step, the conflict resolution process and who likely might be involved in each step.
c) If the method of resolution you’ve chosen fails, what would be another way to resolve the dispute?
Question 5 (5 marks)
Identify and briefly describe the necessary elements that must be present in order for a court to recognize a contract as a legally binding agreement.
Question 6 (7 marks)
Arjun hired WeBuild4U Inc. to build a new family home. Now that construction has started, Arjun’s wife Riya wants to modify the construction contract, upgrade the countertops from cheap laminate to solid marble.
a) How should Arjun proceed? Identify what traditional common law requires of him to ensure contractual enforceability.
b) Is there a Canadian jurisdiction whose court has taken a more modern approach to these situations? If so, briefly explain what that approach entails.
Question 7 (8 marks)
a) Explain what consideration means in a contractual sense.
b) What, if any, are the exceptions to consideration when it comes to enforceability?