Question 1 - Jonathan was a used-car enthusiast. He entered into an agency agreement with Andrea. She owned a used car lot. The agency agreement limited Jonathan's authority to purchase used vehicles for less than $25 000 and to ship them by flatbed to Andrea's lot. When passing through Toronto one Saturday morning, Jonathan stopped at an auto auction and saw a 1985 Jaguar that he wanted to bid on for Andrea. He was successful and purchased the vehicle for $24 000. However, he had no flatbed trailer and as such decided to drive the vehicle to Andrea's lot in London. He immediately arranged for automobile insurance on her behalf but without her authority. Near Kitchener he was involved in an automobile accident which resulted in the Jaguar being a total write-off. No 2 one was injured. He contacted Andrea and informed her of the situation. Taking consideration of the above circumstances: a) Discuss and explain in detail the legal issue(s) raised. b) Discuss what will be the outcome of the contract.
Question 2 - a) Joe was walking in a park and found a watch. He took it to the City's lost and found, but it was not claimed. Three years later, Joe went to this lost and found and asked for the watch and was told that it was a property of the City. Explain Joe's legal position in these circumstances. b) Contrast patent and copyright protection. In your discussion, consider the differences in the nature of the protection, the kind of things protected, the effectiveness of the protection granted, and the objectives of the legislation.
Question 3 - (a) Serena wanted to buy a car as her new job required her to drive often. She walked into Toyota's new car lot, pointed to a specific car, and said, "I'll take that one." Clement, a Toyota's agent who managed the car lot, explained that there was a certain amount of pre - delivery preparation that had to take place before the car could be delivered, and that it would be ready for the purchaser two days later. It was agreed that the purchase price would be paid at that time. Explain who bears the risk in the meantime. (b) Assuming that Serena did not like the colour of the kind of car that she saw at the car lot. She nevertheless paid the purchase price upon an agreement that Toyota Company would deliver to her house the next week, that car, with the colour (red) that she liked. It happened that as the car was being transported for delivery to Serena's house on back of a carrier truck, the carrier-truck was involved in an accident, and the windshield of the new red car broke. Explain who bears the risk of this damage.
Question 4 - a) In secured transactions-type legislation, such as the Personal Property Security Act, etc., what is the purpose of a registration? b) Owen had borrowed money from a credit union to purchase a car, and the credit union had required a security against the car, which they registered under the Personal Property Security Act. As well, Owen's father guaranteed the loan. Some months later, Owen decided to go back to school, and he had to sell the car to do so. He returned to the credit union and, at his request, the credit union gave up the security they had against the vehicle, knowing that they still had the loan guaranteed by Owen's father. Explain the reason for this move.