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University of British Columbia
BUSI 393

COMMERCE 393SKELETON ANSWERS TO POSTMIDTERM REVIEW QUESTIONSThese are not model answers to the review questionsthey just provide you with some guidance as to the main points to be raisedIn an exam the most important thing to do is EXPLAIN THE LAWFULLY1aCloverdale will be bound by what Mainland does on its behalf Mainland is its agent with actual authorityA misrepresentation is a false assertion of fact that induces a party to enter into a contractIt is precontractual and by the other party to the contractJasmines can sue Mainland successfully for the misrepresentation contained in the advertisementthat the bulldozer was in perfect working order whereas it was actually in poor shapeThe exemption clause said the buyer was not relying on representations by the sellerAs the misrepresentation is fraudulent the exemption clause will not prevent Jasmines from suingThe normal remedy for misrepresentation is rescissionrestoring the parties to their original positionsIt must be asked for promptly and it must be possible to resort the parties to their original positionsJasmines can rescind because she did so promptlybBank of NWT is holder in due course of a negotiable instrument because it is an innocent third party that took the cheque through endorsementIt can sue the drawer and all endorsers and is not subject to the equities between the partiesThe stop payment will have no effect on a holder in due courseThe Bank will be successful against Jasmine2A professional owes a duty of reasonable skill and care to a clientTo limit liability the professional could consider a clause in the contract with the client limiting liabilityA professional also owed a fiduciary duty to the clientto act in good faith in the best interests of the client and not to engage in a conflict of interest without full disclosure and consentThe professional should fully disclose any conflict and get consent from the clientTo the public at large no duty owedonly if there is a special relationship limited class the professional know will be relying on the advice for a particular purposeTo avoid liability dont give gratuitous advice or only under disclaimer3This is government action and subject to the CharterIt offends s15 which applies to vulnerable groups including noncitizensIt is not saved by s1reasonable limits because the means are not appropriate to the endsthe citizenship requirement has not obvious connection to increasing employment amongst BC residents who may or not be citizens
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