Answer Key

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Administrative Studies
ADMS 2610
Richard Gasparini

Answer KeyThis is the ADMS 2610C Answer Key Question 1 a Nadal and Roger have a contract Students should provide the elements that comprise a contract The mailbox rule is in effect define mailbox rule and the contract was formed when Nadal put the letter of acceptance in the mail on October 6th The revocation was ineffective because it was not communicated to Nadal until October 7th which was too late define revocation rule b Rogers offer contains a term that avoids the application of the mailbox rule There can be no deemed acceptance when Nadal mails his acceptance since the terms of the offer are that acceptance is effective only when the cheque is received Since the revocation is received by Nadal on October 7th but the certified cheque does not reach Roger until October 12th the revocation is effective and there is no contract Question 2 2a Contingency fees are a good thing as it eases access to lawyers by people who cannot afford it A contingency fee occurs when a plaintiff will pay a lawyer up to a third of the settlement amount outside of disbursements but only after the case settles This way a plaintiff with a good case need not pay the lawyer up to settlement There are no contingency fees in family or criminal law cases For other civil cases a contingency fee may improve access to justice but it can be said that such fees may encourage frivolous litigation However the lawyer bears the risk and financing of the case so presumably the lawyer would not launch a case without a realistic belief in prevailing For the most part contingency fees are widely accepted in all provinces and US states and thought to improve access to the court system by people of lower economic means 2b For this question the most common mistake students make is to just assume that arbitration is necessarily less adversarial when it may not be Arbitration has become an increasingly common disputeresolution process only because it is the preferred alternative to avoid the slow costly and formal court system Whereas successful mediation can be seen as less adversarial as it attempts to move back and forth between the parties with suggestions for settlement in an effort to resolve issues arbitration usually only takes place when such negotiation efforts are unsuccessful Under such circumstances arbitration is no less adversarial than bringing the dispute to court because frequently arbitration is only used where mediation has failed to negotiate settlement The court system may not be adversarial for a simple case that is streamlined and given cost disincentives to litigate and arbitration may be adversarial eg for complex disputes multiple arbitrators and other factors although for the most part it is correct that arbitration is commonly perceived to be less adversarial Arbitration could involve some rules of evidence the selection of the arbitrator calling of witnesses for example Ultimately the binding decision resulting from arbitration differs from a court settlement only because of the speed at which hearings may be held the informality and confidentiality of the proceedings and the lower cost of obtaining a decision Also there may not be a right to appeal and generally the arbitrators decision is final and binding which may incent parties to prolong the dispute
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