Reference no: EM133192247

Question 1: In a bankruptcy situation, the trustee determines that the bankrupt debtor Bob (a sole proprietor) owes $50,000 to six different general creditors, but after paying off all of the secured and preferred creditors there is only $5,000 left to pay everyone out.
The trustee then learns that Bob paid back a $5,000 debt to his brother-in-law ten months before Bob's bankruptcy and he paid back another $10,000 debt to his bank four months prior to his bankruptcy.

What does the trustee in bankruptcy do in this situation, and why?

Question 2: (a) If the offeror is in Winnipeg and the offeree is in Toronto and they make a contract via telephone, at what point is the acceptance complete?
(b) If the same two parties complete a contract via mail instead of by telephone, at what point is acceptance complete?

Question 3: What is the legal effect of a request for more information?

Question 4: A consumer buys two bottles of pop and consumes one quickly due to his thirst. He then is about to open the second bottle of pop to drink and sees a dead fly in the bottle of pop. He is so upset that it causes serious mental disorders and phobias.
(a) What law might allow him to sue?
(b) What party would he most likely be able to try to sue?
(c) What might the party being sued say to try to avoid being held liable for the serious mental disorders?

Question 5: If a client of mine asks me to do some legal work for him, but we never discuss how much I will charge, is the element of consideration missing in that contract? Why have you answered that way?

Question 6: If I am a director in a corporation and I resign from the Board in order to obtain a business opportunity that the corporation was trying to win for itself, what is wrong with that? Why is it not acceptable?

Question 7: When I refer to "elements" of a tort, or "elements" of a contract, what do I mean by "elements"? In other words, what are elements? Don't name the elements of torts and contracts - tell me what elements are.

Question 8: What did I mean when I explained that the law will not enforce a "contract to enter into a contract"? Give an example if it helps.

Question 9: How does a judge figure out how much money to award for damages in tort law, and how does a judge figure out how much money to award for damages in contract law?

Question 10: Should an injured party be able to recover damages despite the fact that his or her own conduct was negligent and partly contributed to the injury, and why have you answered the way that you have?

Question 11 How valuable must consideration be in order to be sufficient from the perspective of a Judge?

Question 12 Why is love not sufficient consideration to bind an offeror to a contract?

Question 13 Give me two reasons why partners might decide it is wise to have a written partnership agreement in place.

Question 14 Tell me about how the law of negligence operates in Manitoba with respect to automobile accidents.

Question 15: You and I enter into a contract for me to sell you my home. On the date of closing I refuse to go through with the contract. What remedies might you sue for in this situation?

Question 16: (a) What is the name of the concept that says that only parties to a contract can enforce a contract?
(b) That same concept says something about what impact contracts can have on strangers to a contract. What does it say in this regard?

Question 17: Bill and some others see Mary steal things from a store and then Bill tells his friends about it. Mary hears about this and she wants to take legal action if she can. If you are giving advice to Mary in this situation as a lawyer, what area of law would you tell Mary about? Can Mary sue Bill successfully? Why or why not?

Question 18 What three documents collectively form the constitution of a corporation, and which one(s) did I say is/are mandatory in any properly set up corporation?

Question 19: Give me two reasons why the law in Manitoba requires that partnerships should be registered in the Companies Office.

Question 20: "Contributory negligence is a case law concept". Is this statement true or false, and why do you say that?

Question 21 In class I told you what a "defence" is when referring to intentional tort law. What did I tell you is meant by that term "defence"? If there is a defence, does that mean that the elements of the alleged intentional tort did not occur? Why do you answer that way?

Question 22 What does it mean when I say that you are jointly and severally liable for something? Feel free to give me an example.

Question 23 What does it mean to say that someone has been negligent due to omission, and what is an example of a person being negligent by way of omission?

Question 24 I said there were two concepts that may arise in intentional tort law that can NEVER arise in negligence law. What are they?