B LAW 402
Mini Decision Topic January 30, 2014
You are to write up a legal brief analyzing this situation. What are the legal rights and
obligations of all the parties at every step in this scenario? Please explain your answer
thoroughly giving reasons for your decisions. Your memo should be 750 to 1,000 words. You
should not need to do any outside research for this but use only the notes and materials from
class, or from one of the textbooks. However, if you cite any material from any textbook, website
or case, I expect to see a full and appropriate citation for that material. This written assignment
is due Thursday February 6, 2014. It must be in my hands as either a paper or electronic
copy by 4:30 at the latest.
In all cases, the law is the law of the Province ofAlberta.
Jack owns a small courier company that operates mainly in the downtown core of Edmonton. He
takes the calls from clients, does all of the dispatching and occasionally takes trips. Most trips
however are done by his two drivers and his one bike courier. Clients do not normally tell Jack
what is in the envelopes or packages but he asks on the waybill to declare anything with a value
of over $500.00, or anything that requires special handling. The waybill clearly states that Jack is
not responsible for the loss of anything worth more than $500.00.
One icy winter day, things begin to go bad for Jack’s team.Arlo, the bike courier, is delivering a
package to an office tower downtown. While riding down 102 Avenue, he is forced to swerve
when someone opens a car door, and a car behind him hits him sending him down skidding on
the icy pavement. The package, containing small items of valuable jewelry, falls out of his
backpack, and disappears into the crowd of people gathered around. No one knows what
happened to it.
The two drivers are also having tough days on the road. One,Andy, gets into an accident when
he slides through an intersection and gets struck by a gravel truck. That accident spills the
contents of his car into the road and by the time Andy gathers everything back up again, the
envelopes are wet and the contents inside are ruined. Some of the contents are legal documents
that are now useless. One document was a bid on a project that cannot be redone in time to meet
the deadline for submission. The project is a $20 million b