Instruction
Case Scenarios (50 Marks Total)
1. David and Hans were in a bar together and both had a few too many alcoholic beverages. They discussed David selling Hans his son’s BMW (that he bought for him) because he was frustrated that his son had decided to do another year of high school rather than going to university. They created an agreement on a bar napkin and David and Hans signed with the bartender witnessing it. The agreement was that David would sell his son’s 2008 BMW for $5000 ($2000 up front and the rest in $250 monthly installments) and that Hans could pick it up in 2 weeks – giving David time to let his son know he would no longer have a car. In his drunken state, David had the year wrong and the car was actually a 2010 BMW. The next day, David had no recollection of the conversation with Hans. Two weeks later, Hans showed up with $2000 ready to take the car. An argument ensued and David threatened to call the police for trespassing if Hans did not get off his property. When David’s 17 year old son discovered this situation he was furious and so David decided to go ahead with the contract because he did not like his son’s attitude.
David accepted the $2000 and gave Hans the car. David’s son changed his mind about university and David needed some money for tuition so he went to Duncan and sold him the $3000 claim against Hans for $2500. Shortly after there was an issue with the car that was going to cost Hans over $5000 to fix so he stopped paying for the car. Duncan sued Hans and Hans then countersued David.
Explain the legal issues with each of these relationships and what you think the result of this situation would be if it went to court. (25 Marks)
2. Jennifer lets her daughter Sophie drive the family boat when she is in the boat with her. Sophie has been driving the boat since she was 12 years old and is a very careful driver. On his 14th birthday, Sophie was driving the boat and felt a bump and then heard screaming. Jennifer was down below in the boat and came racing up to the main deck. Miguel, a scuba diver had been resurfacing in the water when hit by the boat. Miguel had got disoriented in the water and came up very far from where his dive flag was. Miguel’s arm was almost completely severed. Jennifer and Sophie got Miguel in the boat, wrapped his arm tightly and sped to the marina after calling for an ambulance to meet them there.
When they got to the marina, Randy and Courtney (owners of the marina) helped move Miguel off of boat and accidentally dropped him on his head. When the ambulance arrived, they forgot to tell them about the head injury. By this time, Miguel was unconscious.
Miguel was admitted and examined by Dr. Limb. The doctor took Miguel to surgery and reattached the arm but failed to notice that there was a head wound and that Miguel had not regained consciousness. Because of this failure, Miguel suffered a brain bleed that caused a permanent injury that made it impossible for him to work ever again.
Miguel’s family then sued the Jennifer, Sophie, the owners of the marina, the marina, Dr. Limb, and the hospital for the injuries suffered.
Explain what torts have been committed by each party, the arguments that can be used in defence and the liability which will likely be imposed on each of the parties. (25 Marks)