Using the website www.canlii.org Find the Constitution Act 1867
a. Give 2 (and only 2) examples of powers that are given to the federal government under section 91 and give 2 (and only 2) examples of powers that are given to the provincial government under section 92 of the Constitutional Act (1867). (4 marks) Do not cut and paste your answers.
b. Explain one other important consequence of the 1867 Act for Canada. (1 mark)
c. When there is a conflict between federal legislation and provincial legislation both dealing with the same subject matter, which should be obeyed and explain why? (2 marks)
(Total 7 marks)
For each of the following identify if the answer is true or false. Note you do NOT need to give an explanation.
a. The appellant may be either the plaintiff or the defendant. True or false
b. If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury, the judge would rely on precedent cases to determine the outcome of the case. True or false.
c. Mediators have the power to enforce decisions. True or false
(Total 3 marks)
a. In general, when a contract is breached the victim can claim remedies, name and explain 2 equitable remedies that the courts can grant. (4 marks)
b. From the following scenario name and explain the type of action. (2 marks)
A construction firm has run into problems. They entered into a contract with Jones to build a new block of condos but due to a change in government regulations, they will not be able to obtain the necessary permits nor licence. They cannot proceed with the contract without breaking the law.
c. Can Jones obtain damages, if not why not? (2 marks)
d. Give another example of this type of action. (1 mark) Total 9 marks.
Shubir had had a great party at the weekend but he had drunk a lot of alcohol. His friend told him he had entered into a contract with him to sell him his car. Shubir does not want to sell him his car and is claiming he was intoxicated at that time.
a. Explain to him the 3 steps that must be taken in order for a person to try to get out of a contract entered into while intoxicated. ( 3 marks) b. Explain the word legal “capacity”( 1 mark) c. Name 1 other type of person who may lack legal capacity. (1 mark) d. Distinguish between a void and voidable contract .(2 marks) Total 7 marks
a. Mary has a little scam most everywhere she goes; she sells by saying anything. Her buyers just have woes. If Mary induces the buyer to buy by making a misrepresentation that she honestly thought was true, the buyer has several remedies in law, Discuss the accuracy of this statement. (2 marks)
b. Warranty is a promise by the manufacturer of a product to be responsible to make repairs on that product, if it’s defective.” Discuss the accuracy of this statement with regards to the law of contract. (2 marks)
Total 4 marks
Grand total 30 marks