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Posted: August 26th, 2022
Canadian Business Law
Canadian Business Law
1. Mistake of fact: this arises when a defendant operated on the basis of a wrong assumption of fact instead of a criminal purpose. An example is where a person mistakes someone’s dog as his in a park since it looks like his and realizes later when he has taken the dog home.
2. Joint and several liability: This denotes to a responsibility that is shared by more than one party to a lawsuit. As such, all parties are considered equally accountable for performing all the full terms of an agreement. An example is where John and Mark promise jointly and severally to pay $1000 to Susan, then they are both obligated to pay the money to Susan.
3. Quantum Meruit: This is a legal action instigated so as to recover compensation for work accomplished and labor performed where an agreement of price is absent. An example is where a contractor is hired to build a fence for a property owner, and the contractor never specifies the amount of money to be paid for completing the task. The contractor can thus sue the property owner under Quantum Meruit if he refuses to pay him.
4. Unilateral mistake: A unilateral mistake is said to have occurred when one party to a contract misunderstands the subject issue in a contract agreement. An example is a mistake about the quantity of a product to be delivered.
5. Ultra vires: This means to exceed in legal power or authority. An example is where a company fails to follow outlined procedures for appointing board directors.
Short answer: Q2
The Charter of Rights and Freedoms is important to Canadians because it safeguards the basic rights and liberties of Canadian citizens. These freedoms are necessary as they serve to ensure that Canada continues to be a free and democratic society (Greene, 2014). As such, the charter makes sure that the government, or those in power do not eliminate or interfere with these freedoms unreasonably.
Reference
Greene, I. (2014). The Charter of Rights and Freedoms: 30+ years of decisions that shape Canadian life. James Lorimer & Company.
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