Exam 2: Litigation and Alternative Dispute Resolution

In a case filed in the federal court,Gamma Inc sued Delta Ltd for breach of contract.Gamma claimed damages of $500 000.Although Delta denied liability,it formally offered to settle the claim for $200 000.Gamma rejected that offer,but in response,it formally offered to settle its claim for $400 000.Delta rejected that offer.The case has now gone to trial.Explain what order the judge will likely make with respect to costs if (a)Delta is held liable for $450 000,(b)Delta is held liable for $100 000,or (c)Delta is held not liable.

The Crown can be sued only if a statute allows an action to be brought against the Crown.

Kaelen works as a sales representative for a large book publisher.She was recently held liable in tort and ordered to pay $35 000 to Antony.Which of the following statements is TRUE?

Citizens are protected from dishonest lawyers who steal money or breach conditions of trust for holding client's money,by the law society's assurance fund.That fund always consists of the professional liability insurance that each lawyer is required to hold while practising.

Which of the following statements is TRUE?

Chad purchased an economics textbook online from Shady Press Inc for $40.While the information contained in the book appears to be correct and current,the book itself began to fall apart almost immediately.After he complained about the situation in an electronic chat room that had been set up by his course instructor,Chad discovered that a large number of other students had suffered through the same experience.Chad then emailed Shady Press to register his complaint and to ask for a rebate on at least part of the price.The company responded by saying that,as a matter of policy,it would not provide any sort of financial relief unless ordered to do so by a court.Although he is now even more annoyed at Shady Press than before,he assumes that he is,practically speaking,powerless to do anything.He has heard that litigation is expensive and he is unwilling to spend a lot of money in the hope of getting a refund on a book that cost only $40.Assuming that the company will not pay unless compelled by a judge to do so,what advice can you offer to Chad? Suggest,and briefly describe,several strategies that might overcome Chad's concerns about costs.(You need not go into great detail on each strategy. )

In the context of the ability to sue or be sued,what is the meaning and effect of the doctrine that "the King can do no wrong"?

Your company has purchased a wide variety of supplies from Acme Inc over the course of many years.Much to your surprise,Acme has just served a statement of claim on your company.You are puzzled and annoyed.First,you are puzzled because while the statement of claim clearly alleges that you owe Acme $15 000,the precise basis for that allegation is unclear.Given the amount of business that your company does with Acme,that claim might be made in reference to any one of literally dozens of recent transactions.You are quite sure,however,that you have not done anything wrong under any of those transactions.Second,you are annoyed because,in the interests of goodwill,your company has often accepted from Acme goods that were defective.In the past,you said nothing to Acme about those problems because you did not want to create bad feelings.But now that Acme has sued your company,you are feeling far less lenient.You are,in particular,dissatisfied with a shipment of shelving units that you received from Acme last week.Those shelves stand only 1.8 metres high,even though Acme promised in the contract of purchase and sale that the shelves would stand 2 metres high.In the circumstances,you have decided that you should sue Acme for breach of contract.Identify and briefly explain the pleadings that you will need to serve on Acme Inc.in the near future.

Which of the following statements is TRUE with respect to small claims courts?

Even if a cause of action is not barred or extinguished by a statutory limitation period,a plaintiff who waited many years before attempting to sue may be prevented from doing so by the equitable doctrine of laches,if the plaintiff is making an equitable claim.

Hughes Inc hired Liz to act as the chief architect for a major shopping development.After about a year,however,the parties' relationship began to deteriorate and the situation quickly became intolerable and irreparable.Each side blamed the other.Hughes Inc sued Liz for breach of contract.Liz defended that claim and started a counterclaim in which she alleged that Hughes Inc had broken their agreement.The dispute was eventually resolved through arbitration.Which of the following statements is TRUE?

Which of the following statements regarding the right to sue and representation in court is TRUE?

Which of the following statements is TRUE?

Josie lost a breach of contract case against Charles.She has now launched an appeal of the trial judge's decision.Which of the following statements is TRUE with respect to that appeal?

A company that manufactures cigarettes has been named as the defendant in a class action.Which of the following statements is TRUE?

Although trade unions are unincorporated associations,and therefore are not legal persons,they generally can sue or be sued because of a statutory change made to the common law.

Rawls Inc recently sued Nozick Ltd.As Nozick has pointed out,however,Rawls' statement of claim was not filed within the limitation period.Which of the following statements is TRUE?

The Government of Canada is considering introducing a new law.However,the government is concerned that the law may not be constitutional.Can the Government of Canada ask for the Supreme Court of Canada to provide an advisory opinion on the constitutionality of a law or proposed law?

Morley suffered a minor injury as a result of using a toothbrush manufactured by DentPlus Inc.The evidence indicates that the type of toothbrush in question suffers a from a design defect and therefore is likely to have injured every person who used it.In the circumstances,Morley wants to bring a class action against DentPlus.Class action proceedings are,however,available only if certain requirements are met.Morley must,among other matters,satisfy the court that he has developed a workable plan for notifying all of the other members of the plaintiff class of the class action.

Until recently,Enya did all of her banking at the Bank of the Prairies (BOP).She transferred her business to a different bank when she discovered that BOP had been systematically overcharging for a number of services.Enya was,for instance,charged excessive amounts every time that she wrote a cheque or withdrew money at an ATM.She knows that friends and relatives were similarly overcharged when,for example,they paid bills by telephone or received payment by way of direct deposit.Enya suspects that she personally was overcharged about $750.While that represents a substantial amount for her,she also realizes that litigation against BOP might involve a great deal of time and expense.She consequently wonders if her case might be a suitable candidate for a class action.She would like to participate in a class action alongside all (or many)of the other people who have been overcharged by BOP.What requirements must be satisfied before a court will grant certification to a class action?