20231018124626534 (1)
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School
Mount Allison University *
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Course
3611
Subject
Communications
Date
Jan 9, 2024
Type
Pages
2
Uploaded by SargentGuineaPig5768
Mount
Allison
University
Comm
3611
Mid-term
October
2023
5;30PM
to
7:00PM
Atlantic
Total
Value
»
30
Marks
Instructions
;
This
is
a
90
minute
Mid-Term,
This
is
an
“open”
book
Midterm...you
can
access
the
assigned
text
book,
your
notes,
eto...anything
except
Internet
based
research.
You
are
expected
to
answer
ALL
questions.
Email
your
response
(i.e.
Word
document
format)
to
the
Midterm
to
me
at
my
Mount
Allison
email
address:
jblackier@mta.ca
5.
Your
response
must
reach
my
in-box
no
fater
than
5
minutes
after
the
deadline
for
the
Mid-Term.
6.
In
accordance
with
my
long
standing
policy...I
shall
not
entertain
any
questions
about
the
midterm
during
the
midterm
writing
period.
P
MNP
Question
#
1.
(
10
minutes:
4
Marks)
Identify
and
describe
the
essential
elements
of
a
contract..
Question
#
2
(
10
Minutes:
6
Marks)
Under
the
civil
law
of
New
Brunswick:
(a)
Which
party
has
the
onus
of
proof?
{b)
What
is
the
standard
of
proof?
(c)
How
does
the
above
-
the
onus
of
proof
and
the
standard
of
proof
in
the
civil
law
-
differ
from
the
criminal
law?
Question
#
3
(
20
minutes:
10
Marks
Total)
(a)
Under
the
law,
what
is
the
effect
of
a
counter-offer?
(2.5
marks)
(b)
How
does
the
law
regard
the
“sufficiency”
of
consideration?
(2.5
marks)
(c)
What
is
the
significance
of
the
concept
of
privity
of
contract?
(2.5
marks)
(d)}
What
is
the
distinction
between
intention
and
motive?
(2.5
marks)
Question
# 4
(50
minutes:
10
Marks)
George
White
(“George”)
is
the
CEO
of
ABC
inc.
(“ABC"),
a
local
corporation
delivering
electrical
services
to
residential
customers
in
Sackville,
New
Brunswick.
Billy
Long
(“Billy”)
is
a
local
electrician
who
runs
his
own
business
called
Wiring-4-U
Inc.
(“Wiring").
After
a
recent
game
in
the
local
“Beer
Hockey”
league,
George
and
Billy
reached
an
agreement
with
respect
to
Billy
doing
some
work
for
ABC.
The
summary
of
the
Agreement
is
as
follows:
(1)
The
Parties
to
the
Agreement
are
ABC
and
Billy;
(2)
Billy
will
be
paid
by
ABC
at
a
rate
of
$25.00/hour
for
services
rendered
on
behalf
of
ABC
to
clients
of
ABC;
(3)
Billy
can
continue
to
deliver
electrical
services
through
Wiring,
but
Billy
cannot
use
any
assets
of
ABC
in
rendering
services
to
clients
of
Wiring.
On
Saturday,
Mrs.
Brown,
who
lives
across
the
street
from
Billy,
met
Billy
at
the
local
Farmer's
Market.
She
asked
Billy
to
attend
to
her
house
on
Monday
at
9:00AM
to
repair
her
electric
furnace.
Billy
agreed
to
do
so.
On
Monday,
Billy
attended
Mrs.
Brown's
house
wearing
a
shirt
and
a
baseball
style
cap
bearing
the
ABC
logo.
Billy
was
driving
a
truck
with the
words
“Wiring-4-U”
painted
on
the
sides
of
the
truck.
Upon
completion
of
the
repairs,
Billy
provided
Mrs.
Brown
with an
invoice
in
the
amount
of
$4,500.00
that
stated
simply
“For
electrical
repair
services”.
Mrs.
Brown
paid
for
the
services
with
a
cheque
in
the
amount
of
$1,500.00
payable
to
“Billy
Long”.
During
Monday
night,
Mrs.
Brown’s
house
burned
to
the
ground.
The
Fire
Marshall
determined
that
the
fire
started
as
a
result
of
several
wires
from
the
electrical
panel
not
being
properly
connected
to
the
furnace.
Billy
admitted
that
he
had
failed
o
properly
connhect
the
wires
during
his
repair
services.
Required:
Against
whom,
and
on
what
basis,
might
Mrs,
Brown
have
a
cause
of
action
{i.e.
who
might
she
sue
and
why?).
Give
reasons
to
support
your
analysis.
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