Contemporary Canadian Business Law: Principles and Cases Tenth Edition Cases
Chapter 15: Case 9
Case 9 deals with a homeowner (the principle) who lists her property for sale and enters into an agreement with an agent to facilitate a sale with a third party. Over the course of the agency agreement a prospective buyer inspected the property but didn’t make an offer before the agency agreement expired. The legal issue that arises comes after the agency agreement expires. The prospective buyer later decided to put in an offer, which was accepted, but once discovering that the agreement between the principle and agent had expired brought legal action against the agent.
The nature of the buyer’s actions in my opinion could be considered …show more content…
Chapter 28: Case 8
Case 8 deals with a cheque written by Ascot with the intent to purchase a painting from an art gallery. The plaintiff (Ascot) had prepared a cheque in the amount of the purchase price, which was $1000 and signed it, but was unsure of the exact spelling of the art gallery, so he left that part blank. 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. After having determined the gallery’s name, while out at lunch, he returned to his office to complete the cheque but discovered it had been stolen.
The defendant, Hines, a fellow employee of Ascot, had taken the cheque and filled it out payable “to bearer” and used it to purchase items at a store where Ascot’s signature was recognized. The storeowner would later present Ascot’s cheque to the bank for payment. 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