ELEMENTS OF LAW 2610 C
COURSE DIRECTOR: PROF. R. LEBLANC
How to submit assignment
DUE DATE: 12 noon on Monday, October 20, 2008
• There are five questions on this mid-term. Each question is worth 6 marks for a
total of 30 marks.
• Your answers can be single-spaced. You do NOT need to include the questions.
Footnotes and Bibliography are not required; but extensive use and visible
reference to course theoretical content are expected and necessary for a
• You must work on this assignment ALONE and submit original work. Copying
and plagiarism is very easy for the Instructor to detect and will receive a failing
• The assignment is due 12:00 o’clock noon on Monday, October 20, 2008.
Any assignment received after this due date and time of October 20 at 12:00
o’clock noon will be subject to a penalty of 6% per day - no exceptions,
therefore make sure you submit your mid-term on time. Assignments submitted
more than 7 days after the due date will not be accepted. Excuses about difficulty
submitting the assignment for technical reasons or due to computer breakdown
at the last minute will still be subject to the 6% penalty. Kindly work on the
assignment in advance and ensure you understand the submission process
before the deadline. Details on the delivery of your finished assignment are
posted on the course’s website. Please allow yourself ample time for completing
and submitting the mid-term.
• Read each question carefully and direct your answer to the question asked. You
will be graded on quality, not quantity. You will only be graded on material that is
directly relevant to the answer and not on extraneous material. Answers that
miss the legal issue at point will necessarily lose marks.
• I will not respond to questions about the assignment by e-mail or in the
Discussion Group. Therefore, if there are any ambiguities in the questions,
please refer to the previous instruction.
GOOD LUCK! Question 1 – 6 Marks
1. Roger responded to an advertisement placed by Nadal in a local newspaper. Nadal
was looking for business investments, and Roger sent him a letter on October 1st which
said that he was willing to make Nadal a partner in his coffee maker business if Nadal
was willing to put up $5000. Nadal received that letter on October 6th and wrote back
the same day saying he would love to get involved in the business and would send
Roger a certified cheque for $5000 as soon as the bank had transferred the money from
his savings account and certified the cheque. This letter was received by Roger on
October 9th, and the certified cheque was sent on October 8th and received on October
12th. Meanwhile, Roger mentioned the advertisement to Serena, and she said she
would like to get into the business and would be willing to put up $8000. Roger sent
another letter to Nadal, on October 4th, which Nadal received on October 7th, saying
Roger had changed his mind and would not be willing to have Nadal as a partner.
a. Discuss whether Roger and Nadal have a contract or whether Roger is free
to enter into a partnership with Serena.
b. Suppose Roger's letter of October 1st has said that there would be no
commitment by him to any arrangement with Nadal unless and until he
received Nadal's certified cheque for $5000. Explain why this would or
would not change your answer to (a).
Question 2 – 6 Marks (parts (a) and (b) 3 marks each)
2a) Your course kit contains readings on contingency fees. The case against Maple
Leaf foods for tainted meat may proceed on this basis.
What is your view on contingency fees used by lawyers? Are they a good thing?
Why or why not? [3 marks]
2b) Your course kit and text contains readings on alternative dispute resolution.
Is arbitration less adversarial than the court system? Why or why not? [3 marks]
Question 3 – 6 Marks
3. Isa was an engineer of great repute in the field of fluid mechanics. Some years ago
she took out a patent on a general theory of how fluid moves through a particular shape
of valve, and a patent on a unique valve specifically adapted for use in a nuclear
reactor. She had formed a company, which had produced this latter valve in the
Canadian market and other countries, which used Canada's CANDU Reactor. After a
number of years of successful business operations, Isa was approached by a group of
investors interested in purchasing her company, and a deal was concluded. As part of
the contract of purchase and sale, Isa sold the patent to the valve and agreed that she would not work in or carry on any other business manufacturing valves, nor would she
engage in any other business that might compete in any way with the purchasers
business for a period of ten years. The restrictions applied on a worldwide basis. Isa
retired to Florida and after five restless years again became involved in the field of fluid
mechanics, making designs for certain parts for nuclear reactors for submarines of the
United States Navy. One particular part that she designed and built was based on the
patented principles of her general theory, which she had never sold, and while it was
similar to her former valve in many ways, a slight change had rendered it patentable in
its own right. On learning of the multimillion-dollar sales, which Isa had effected to the
U.S. Navy, the purchasers of her former business brought suit for her breach of the
contract. With her new valve Isa had generated profits of $5 million before the "ten year
waiting period" had expired and $10 million after the period had expired.
Discuss the relevant issues of contract bearing on this case, the relevant aspects
of business, which would assist the court in determining damages, if any, and
render your own decision. [6 marks]
Question 4 – 6 Marks
4. Manuel, a university student, owned a small automobile, which he desired to sell for
$800. He placed an advertisement in the university newspaper offering the vehicle for
sale, and included his telephone number for further information.
A few days later, he received a telephone call from a man who identified himself as Mr.
Rose. Rose asked Manuel a number of questions concerning the car, and then
expressed a desire to examine the vehicle. A meeting was arranged for later that
evening, and Manuel gave Rose the opportunity to test drive the automobile.
Rose agreed to purchase the vehicle for $800 and offered Manuel a personalized
cheque bearing the name "R. Rose" as payment. Manuel was reluctant to acc