Contemporary canadian business law principles and cases 2012 10th edition

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Our BookSleuth is specially designed for you. Item added to your basket View basket. Proceed to Basket. View basket. Continue shopping. In the summer of , the two large hickory trees were damaged by a lightening strike and subsequently cut down by the defendant, which promoted the plantiff to go into a rage and order Crockett off the property.

Crockett refused to leave claiming he was the owner of a parcel of land. The main legal issue to examine regarding this case deals with encroachment, which is simply defined as: A possessory right to the property of another that may be acquired by the passage of time. Crockett has well documented existence of the woodlot property dating back over 20 years and was not met with objection on the part of the Smith, who is the true owner.

Due to the fact that the plantiff left the defendant undisturbed for over 20 years, he lost his right to dispute to object the encroachment. Having occupied the property for parts of 22 years not being asked to vacate the property during any of the first years, Crockett was within his right to refuse and the fact that he paid taxes on the property further supports his claim to ownership of the property.

Chapter Case 8 Case 8 deals with a cheque written by Ascot with the intent to purchase a painting from an art gallery. Ascot would leave the incomplete instrument in his desk drawer with the intention of making a phone call to the gallery later in the day for the information necessary to complete it. Ascot was a few minutes too late calling the bank with a stop payment and the bank had already paid the cheque.

It is important to determine whether the plaintiff has the proper elements to warrant a real defence. While there are three classes of defences to claims for payment of bills of exchange, the most effective are called real defences.

Real defences are defences that go to the root of the instrument, and are good against all holders, including a holder in due course. In the situation explained above, it is clear the plaintiff never delivered the incomplete instrument and therefore is a real defence due to the fact that another party completed the instrument, and negotiated it for payment.

It is obvious that the defendant, Hines, completed the incomplete instrument and negotiated it for the payments by way of receiving goods from the storeowner. The legal claim of the cancellation of the instrument alone would not be enough to use in a defence against a claim of payment by a holder. Because Ascot was a few minutes late calling the bank to cancel the instrument he would not be able to deny payment as the cancellation was not noted on the instrument and its handling could have been viewed as reckless if the circumstances were not known.

Since Ascot had not only signed an incomplete instrument, but also did not deliver it, both elements were present to constitute a real defence. The courts would rule that the plaintiff did indeed have a real defence and as a result would not be responsible for the amount paid out by the bank to the storeowner. The actions of the employee go beyond the scope of this case and are therefore left out of the ruling. Both parties requested a conciliation services offered by the Ministry of Labour, but the service failed to produce an agreement.

Before a strike or lockout can take place, requesting the services of conciliation offered by the Ministry of Labour is mandatory. Uploaded by ttscribe2. Internet Archive's 25th Anniversary Logo. Search icon An illustration of a magnifying glass. User icon An illustration of a person's head and chest. Sign up Log in. Web icon An illustration of a computer application window Wayback Machine Texts icon An illustration of an open book.

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Contemporary Canadian business law : principles and cases Item Preview. EMBED for wordpress. Want more? Advanced embedding details, examples, and help! Introduction to the law -- 1. The law and the legal system -- 2. The judical system -- 3. Administrative law -- -- pt. The law of torts -- 4. Intentional torts -- 5.