What principle is described by the case of Lloyd v Smith, Grace & Co.? (2)
High level topic: Agency
The principle that the case stands for is that the principle is liable for the tortes of it's agents.
¡Why might a company choose to incorporate in a different jurisdiction than its own? (2)
lenient environmental laws
Tax advantages
Better courts to deal with disputes
Cheaper labour rates in other markets
¡A person who holds him or herself out to be a partner can be held liable as a partner—true or false? (1)
True
¡What is “consensus” and what elements make it up? (2)
Broader subject: Contracts
Mutual agreement
Offering acceptance
Required element of a contract
¡When is intention presumed? When is it not presumed? (2)
High level:Contracts
Intention is presumed in business relationships but not presumed in personal interactions.
¡What is the difference between libel and slander? (2)
High level: Tortes
Libel is written and slander is spoken.
¡What is a patent troll? (3)
Someone who purchases patents with the intention to sue for infringement to profit; without producing other goods.
¡There are generally four elements required to be present in order that information be considered “confidential information”. Name three of these four elements. (3)
Not public domain/not publicly available
commercial
Reasonable steps to protect
communicated in confidence
¡How long does registered trade-mark protection last in Canada? If it renewable? If so, for how long? (3)
15 years
Yes
15 years
¡¡Derwin owns an organic bakery. One of the major strengths of his business is that he only uses organic and natural ingredients. He comes to see you and says that a popular blogger, Sanjay, has been writing about Derwin’s business on his blog, called “sneakybusinesses.com”. Sanjay’s blog asserts that Derwin’s business does not use organic ingredients, and in fact uses genetically modified, non-natural ingredients. Derwin asks you on what grounds he might be able to sue Sanjay. What defence might Sanjay be able to rely upon? (6)
Derwn:
-High level: Tortes
-Sanjay is making a false statement about Derwin's business; and based on his comments it is reasonable to think Derwin's business may be harmed; based on Sanjay's business name it is likely that this is intentional.
-Sanjay has likely committed the torte of defamation and libel. Because if it is untrue but is reported to be true (not expressed as an opinion) it can be construed as libel.
-Showing damages (comments/views on webpage, measuring who comes to the store)
-Sanjay's blog asserts that the business is not using organic.
Sanjay:
It's true & he can prove it.
¡Alice owns a bike shop. She offers to purchase 100 bike helmets from Bill at the price of $50 per helmet on Friday, February 6, 2015 with the intention of reselling them in her shop. Bill says that he will think about the offer over the weekend. Alice calls you in a panic on Saturday, February 7, 2015. She has found a different supplier of helmets who can fill her order at a much lower price. She asks you what she can do about the offer she has made to Bill. Now presume that Bill has called back and said that he will sell her 100 helmets at $65 per helmet. How, if at all, does your advice change? (6)
Question 1:
Bill didn't accept the first offer.
Retract the offer; say she was too drunk to make the offer.
An offer has been made but it has not been accepted... you are ok to retract the offer - call him before he calls her
Question 2:
The original offer is off the table and she is able to decline the offer nor to the original offer.
¡¡Elon enters into a contract with Gemma. Gemma is to provide a specific amount of computer code for Elon. Gemma delivers the code to Elon, who uses it in the development of his new iOS app. Elon later finds out that Gemma did not write the code, but stole it from her former employer. Gemma seeks payment under the contract and Elon refuses. What concept at law has been raised, and how would you advise Elon? (5)
High level: contract
Performed ilegally
Could be a copyright issue
Breach of contract
The code itself is legitimate
Confidentiality issue/patent issue
Elon should not be using the stolen code for this reason
Gemma may have breached her obligations as an employee with her former employer
I think Elon should pay her because it's not an invalid contract.... or advise that she don't pay bc it was stolen
¡ZZYZX Inc. is a company owned entirely by Alana. ZZYZX Inc. obtains a loan from HSBC Bank. ZZYZX Inc. falls upon hard times and is unable to repay the loan. HSBC seeks repayment from both ZZYZX Inc. and Alana. Alana comes to you for advice—what do you tell her? (4)
ZZYZX is a separate entity from Alana.
The party that owes the money is ZZYZX.
You do not have to pay the money.
However, if you happened to personally guarantee the loan,...
If Alana took money deliberately from the company to frustrate the loan...
