lecture 13.docx

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Course Code
COMM 304
Balbinder S.Deo

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Case 11 -Tran is plaintiff, FDR is defendant -law of defamation, slander, saying something about someone that isn’t truth, reckless of truth - FDR said to Tran’s employer that she was thinking of leaving and she was delinquent on paying her loan, and had a criminal record -she has to show if she had a loss of somethingshe lost her job -Tran was harassed on the phoneintimidation, interference -FDR called her employee, and spoke slander, third party intimidation if they threatened to do something unlawful -breach of contract, FDR company called her employers, which led them to fire her -you have to prove that defendant must know about the contract, defendant wanted to cause harm through the third party, break contract with plaintiff -causing harm to plaintiff doesn’t have to be motive, they could do it for their own benefit -deceit, yes they lied, but they didn’t cause a loss to the people the lied to (Tran’s employer) Tendering  Normal tendering occurs when there is something big to be sold, a big business, building, procurement, etc.  Suppose govt. Of Ontario wants to replace the computer systems in a particular region  Competitive pricing is used to get best deal  Pg.153Contract A, first contract is about how the process will be carried out, offer by the Ontario government to hold a fair process, you don’t have to worry about whether or not you do all this work for nothing  When you submit your tender to the Ontario government, you promise that you will not revoke their offer until they have time to look at it  Their call for tenders is like an invitation for offers, in promise that process will be fair  Your consideration to them is that you will not revoke your tender, their consideration to you is that the promise will be fair (first contract)  Call for tender is then saying, here is the invitation to treat, make us an offer on these criteria  When you put in your bid, you are offering to do your work at the price you send you would, and they can either accept that or reject  Tender has a deadline of when you offer to do your work, then they pick the best one, while rejecting all the others  Sometimes people make mistakes, price things wrongly, etc.  But if you don’t carry out the work as you accepted the offer, they can’t go back to the other tenders because they have already been rejected, so they would have to restart the tender, which is expensive, thee costs will most likely be compensated from first tender  Two contracts, first one is about process, the second one is the acceptance of promising not to revoke (offer) which is then accepted or rejected  Pg 151 a firm offer is as firm as “jello”, meaning the offerer is willing to hold the offer open for the offeree, but they can also revoke if its not accepted (so it really isn’t firm at all) o an option is when you buy their promise to keep their offer open  When someone makes an offer and you either die or go insane, the offer lapses o If a president of a large corporation offers you a job as a
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