business and civil law Torts and Contracts

CASE STUDY: 

Joey worked as a bouncer for the Krazy Kat Lounge in downtown Toronto.  He was formerly a professional boxer, but had been working as a bouncer at this bar for the last few years.  He knew the patrons very well, including Viktor. On October 13, Viktor visited the Krazy Kat Lounge to celebrate his friend’s birthday.  On that day, Viktor was wearing a black leather jacket and blue jeans. He was a large man, approximately 6 feet tall. Viktor and his buddies had a great time that night, drinking late into the night.   

At about midnight, Viktor ordered another drink and the bartender refused to serve him.  The bartender felt that Viktor had enough to drink, and that it would be unsafe to give him more.  Viktor’s friends ordered more drinks and convinced the bartender to give Viktor another few beers. “He’s a big guy!” said one of his friends.  “He can handle more drinks than any of us!” 

At around 1 a.m., Viktor decided to go home.  He told his buddies that he was going to walk home, since he lived about 5 blocks away.  However, he wasn’t telling the truth. His car was parked in the parking lot, since he was planning to drive to his parents’ home in Newmarket after the party.  He stumbled into the parking lot and started to look for his car, which was a blue Honda Civic. 

In the meantime, another customer came running into the bar, saying that there was a large man in the parking lot wearing a black leather jacket and blue jeans, who he had seen breaking the window of a red sports car.  Joey ran out into the parking lot, and saw the red sports car with a broken window. The owner of the sports car called the police. In the meantime, Joey spotted a large man with a black leather jacket and blue jeans walking to the other end of the 

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parking lot.  It was Viktor.  Joey ran to Viktor, grabbed him from behind and pinned him to the ground.  Despite Viktor’s protests, he held him there until the police arrived. 

The police spoke to Viktor for quite some time, and then let him go.  Viktor was frustrated and angry because of the whole experience. Joey called him a cab because he felt Viktor was too intoxicated to drive, but when the cab arrived, Viktor swore at Joey and walked away from the parking lot.  Thinking that Viktor had decided to walk home, Joey went back into the bar, and everyone else went home. 

Viktor had been walking around the block, and felt slightly calmer.  He was quite drunk when he decided to walk into a Ferrari dealership.  His speech was slurred, and he was unsteady on his feet. Thinking that this was his opportunity to make an easy sale, Anthony, the car salesman, sold Viktor a bright red Ferrari.  He called him a cab to take home, but Viktor just walked away without waiting for the cab.   

Viktor walked to the parking lot at the Krazy Kat Lounge, got into his car and drove away.  He was driving to his parents’ home, but given his intoxication, he hit another car being driven by Joanne.   

The next day, he also discovered a contract to purchase the red Ferrari in his pocket.  He was shocked, as he didn’t have any idea how the contract ended up in his pocket. He called the Ferrari dealership and told the salesperson named on the contract that he had no intention or ability to buy the Ferrari. 

Unfortunately, Joanne’s injuries from this accident were very serious.  She had to spend 6 months in the hospital. She was told that she would likely experience lifelong pain along her spine, and she was unable to continue her career as a fitness instructor.  She also went through severe depression as a result of her life changes.   

After Joanne left the hospital, she decided to lease a used vehicle from the local car dealership.   She told the salesperson at the dealership that she only wanted to lease a car that could be filled with regular gasoline, as she could not afford premium gasoline.  The salesperson told her that the car she choose could be filled with regular gasoline. Joanne signed the lease agreement, and agreed to pick up the car in 5 days. 

When Joanne went to pick up the car, she got a big surprise.  The car was the right make and model, but the only problem was that it was green.  The lease agreement specified that it would be blue. Unfortunately, Joanne hated this shade of green, and she was very upset.  She refused to take the vehicle. At this point, the salesperson also became upset and told her that she had signed a contract, and that they would sue her if she did not take the vehicle and start paying the monthly lease payments. 

Analyze this scenario thoroughly from the following perspectives: 

1. Who can Viktor sue, and why?  Provide a thorough analysis, including any arguments the defendant(s) could make, and remedies that Viktor would seek. (25 marks) 

2. Who can Joanne sue, and why?  Provide a thorough analysis, including any arguments the defendant(s) could make, and remedies that Joanne would seek. (25 marks) 

3. What legal argument(s) can Viktor make (if any) about the contract that he signed to buy the red Ferrari?  Is he legally obligated to buy the car? Provide a thorough analysis. (25 marks) 

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