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Lecture 5

BUSA 364 Lecture Notes - Lecture 5: Small Claims Court, Judgment Debtor, Alternative Dispute Resolution


Department
Business Admin
Course Code
BUSA 364
Professor
Keith Laidley
Lecture
5

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- Retailers Inc hired Clean Air Services (CAS) to develop and install an air conditioning
system in a large office complex. The system that CAS installed turned out to be grossly
inadequate, largely because, contrary to the terms of its contract, it used inferior
materials. It did so in order to save money and increase her employer for sexual
harassment. She has therefore hired Rory McAngus to represent her. Which of the
following statements is TRUE
o none of the above
- Kirndeep Khan wants to sue her employer for sexual harassment. She has therefore hired
Rory McAngus to represent her. Which of the following statements is TRUE
o If Kirndeep loses her case against her employer because of Rory’s incompetence,
and if Rory is bankrupt, Kirndeep may eventually be entitled to receive
compensation from an assurance fund
- A number of commentators have referred to litigation as a “lottery.” By using that word,
they are suggesting that
o the results are often unpredictable
- Which of the following statements is TRUE with respect to remedies
o If a judgment debtor is bankrupt, a claimant who is entitled to a trust may be able
to fully enforce a judgment, even if other creditors are forced to accept something
less than full payment
- Marisa successfully sued Ivan, a stockbroker who works for Blue Sky Investments, for
breach of contract. The court held that Ivan’s breach caused Marisa to suffer a financial
loss of $50 000. The court also held that Ivan is personally liable to pay that amount to
Marisa. Which of the following statements is TRUE
o none of the above
- 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
o Antony may be able to directly receive money that Kaelen normally would
receive as income from her employer
- 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
o Josie’s first appeal will likely be heard by three judges of the appellate court
- Which of the following statements is TRUE with respect to small claims courts
o The fee for filing a document in a small claims court often depends upon whether
or not the party is classified as a frequent claimant
- Which of the following statements is TRUE with respect to small claims courts
o Although small claims courts often hear contractual cases, they may also resolve
some types of personal injury claims
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