Friday, April 12, 2013

Normal Case Study. About a used car deal gone bad. Canadian Law Courts.

What area of contract law did you choose?

Corporate and commercial - felonious contracts

Which court is the case in?

Alberta Queens Bench

Is it a trial purpose or appeal?

It is a trial decision.

What are the facts approximately the case? (Provide an accurate summary)

The plaintiff, Mr. McCardell purchased a use Mercedes Benz from an individual who used his corporation as a front. When the plaintiff was negotiating the purchase of the car, he thought that the defendant, Aldo Tisi owned the vehicle. Aldo Tisi is the director and sole shareholder of the bodied defendant, Tisi Holdings Co. Inc. The plaintiff drove the car for about 2 months and whence he found out that the car was not in mint condition and that the mileage was incorrect. He stopped parkway the car when he found out and sued for rescission. He in any case found out that the defendant was not a licence automotive dealer and that this was not the only car the defendant had change.

Were all the facts concord to or did the approximate decide repugn facts?

All the facts were agreed to by the judge.

If so, what facts did the judge decide on?

All the facts were agreed to by the judge. The sale was not an isolated transaction and had sold many cars in the past making them a sell automotive business.

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Also the contract was illegal and therefore rescission was possible for the plaintiff. The retail automotive business was unlicensed.

What legal issues had to be decided?

Whether the contract was legal.

If the contract was deemed illegal, then can rescission be claimed?

Can the corporate veil be lifted?

What did the judge decided on the legal issues?

The contract was deemed to be illegal. The land is because the defendant was found...

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