Exam 8: Special Business Contracts and Consumer Protection

Dusty delivered his car to Gage's Garage for some routine repairs and at the time of delivery, was advised that the car would be ready in two days. That night, Dusty's car was stolen from the garage and was never recovered. If Dusty takes legal action against Gage in order to recover the value of the car, what will be the legal position?

Marion was a guest at Hotel 9. She forgot her purse in her room while she was in the Hotel restaurant and upon returning, discovered that it had been stolen. Marion made a report to the hotel manager and advised him that she had valuables in her purse totaling approximately $10,000. The manager advised her that in accordance with the notice posted by the hotel on the back of the room door, the hotel's liability was limited to $100. Marion indicated that she had not read the notice and had no knowledge of its contents. Which of the following is TRUE?

Jack Ripper, a thief, stole Samantha's car and sold it to Mary. Mary was unaware that the car had been stolen and believed Jack when he told her that it belonged to him. Two months after purchasing the car, Mary sold it to Albert who subsequently sold it to Charles. The police who had been investigating the theft of the car, eventually traced it to Charles. Which of the following statements is TRUE?

Which of the following statements is FALSE? In a bill of lading

You leave your jacket on a hook at the front of a restaurant, just below the sign that says "Not responsible for lost or stolen articles of clothing." During your meal, a waiter walks by the coat rack with a flaming drink, and your jacket catches fire. Can you sue the restaurant for the damage? Why or why not?

Ollie's Orchards has dealt for many years with Trixie Coppola, who owns a catering company that specializes in desserts. He always bills her on a net 30 days basis. Ollie has just loaded a $5,000 shipment of grapes for Trixie onto the truck, when he receives a call from Frank's Fruit farms. Frank tells him that Trixie is months overdue on her accounts with him, and that he's also heard a rumour that Trixie is about to go "belly up". Which of the following statements is FALSE?

In Your Face Inc. manufactures mirrors, and sold an order to a retailer, The Glass Company ("TGC"), on 90 days credit. There are no other terms mentioned. The order was delivered. TGC did not pay, and has been selling the mirrors. Which of the following is TRUE?

Jackie went to purchase a sweater at Chic Ltd. and there were two price tags on the sweater, one listed the price as $60 and the other tag listed the price as $40. When Jackie went to pay for the sweater the sales clerk said the sweater was $60 and that someone must have made a mistake putting the second wrong price tag on the sweater. As a result

Al Guardino ran a retail greenhouse. In the fall, he visited Heidi Green's plant and tree farm to place an order for the following season. He spent a lot of time examining her stock. It looked healthy, so he placed a large order to be delivered in the spring. When it arrived, he was busy and only glanced at the items, which he thought looked fine. After a few weeks in the greenhouse, however, he noticed some disease damage, which must have occurred before the plants were shipped. What are Al's remedies?

Which of the following is NOT a bailment?

Which of the following does the Sale of Goods Act allow the parties to do by express agreement?

The purchase of twenty new computers by a university will be subject to consumer protection legislation.

You stay overnight at the Flea Bag Motel and your Rolex watch is stolen from your room. You forgot to lock your room while you were out, and it seems likely that the thief entered it that time. There was a conspicuous notice on the door - although you didn't read it - under the Innkeepers Act, limiting its liability for loss or injury to goods to $40. Can you sue the motel for your loss beyond that amount? Why or why not?

Two large steel companies with combined assets of $900 million want to merge. Which of the following statements is FALSE? The two companies

John's Repair Shop has fixed a stereo. The customer wants to take the stereo and pay for it in thirty days if the repair work is satisfactory. Which of the following is true?

Genosha Limited ordered 500 pairs of jeans from Jeans Co. a company based in Sydney Australia. JeansCo's standard ordering form on which the order was made, provides that payment must be made within 10 days of the date of delivery. Genosha received the jeans but owing to financial difficulty, has been unable to complete the payment of the purchase price. Which of the following statements most accurately describes JeansCo's best legal position?

Which of the following situations involves a bailment?

Computer City advertises that is has Dall Laptop Computers Model S600 regularly $800 on sale for $75. Jenna sees the ad and goes to Computer City as soon as the store opens only to be told they only had 2 Dall S600s in stock but told her that the Dall S700 was in stock and it was regularly $850 on sale for $400. As a result Computer City

Sports Village advertises a sale of snowboards. It says that the Snow Knife board is regularly $800 and is on sale for $400. It turns out that the Snow Knife board sells at most stores in the city for $500. As a result which of the following statements is FALSE? Sports Village

False advertising, conspiracy and abuse of dominant position are dual track offences under the Competition Act.