Reference no: EM132403586

1. King Industries Ltd. contracted with Johnson Labs to install a thermal cold room in Johnson's facility for a total cost of $150,000. Johnson has paid King $120,000 on the contract to date. The contract stated that Johnson's own workers were to install all mechanical and electrical requirements to the point of hook up, but the contract also stipulated that the "final tie in of the equipment is to be completed by the contractor (King)".

The condenser unit was originally supposed to be installed inside the cold room, beside the main control unit. However, configuration of the room made that impossible - there was no space for the condenser unit. It therefore had to be relocated to the roof. In order for the main unit and the condenser to communicate with each other and regulate temperature, thermal controls had to tie in between the two units, which were no longer side by side. One unit was in the room and the other on the roof. King did not have the expertise to do the tie in because the units were now physically separated. Johnson's own facility workers did the tie in at an extra cost to Johnson (overtime charges). King is now demanding payment of the remaining $30,000 on the contract. Johnson does not want to pay because it cost them an extra $17,000 in overtime for its workers to complete the tie in of the components.

You are Johnson's lawyer. What advice do you give your client in the face of King's demand for payment?

2. David and Peter hate each other and decide to meet after Business 4000 class to fight. Scott, their prof, knows that they really dislike each other. The boys argued just before class while entering the classroom and Scott already had to speak to them about it. During the fight after class, David punches Peter in the face, breaking his nose and the bone around his eye socket. The injuries caused a permanent scar and some vision loss.

a. If Peter sues David, what would be his cause of action?

b. What defence would David have, and why?

c. If David had pulled out a knife and stabbed Peter, what does that do to David's defence?

d. What could also happen to David as a result of using a knife?

3. Mary stops off at a local bar after work to have a few drinks with some friends. The bartender cuts her off after 5 drinks. As she is leaving the bar Mary picks up her car keys and announces that she is driving home. On the way home, she loses control of the car and hits Graham, who was running on the road as part of his Tely 10 race training. Graham is a dentist and has a thriving practice in St. John's. Graham says he was wearing bright red clothing and could be seen easily. He suffered a broken leg and two broken ribs.What is Graham's cause of action against Mary, and describe how the civil action will unfold, both in terms of liability and damages. Could Graham also sue the bar, and why?