CMLW 2201 Saint Mary University Commercial Law Legal Issue Case Study The main textbook used for this assignment is Managing the law. And this assignment s

CMLW 2201 Saint Mary University Commercial Law Legal Issue Case Study The main textbook used for this assignment is Managing the law. And this assignment should not more than 10 double spaces pages. TERM ASSIGNMENT
Assignments should be prepared in Word format (or appropriate alternative) double spaced.
Collaboration with other students is encouraged, but each assignment must, in accordance
with academic policy, be the student’s original work.
M University in C country jointly runs a dual degree program with N University in B country. In
order to do so, M university provides faculty to instruct in B country. For the spring session
scheduled to run from April 22nd to May 31st, 2019 M university had an individual prepared to
instruct this course. This person entered into a contract with M university which stated in part
that the individual would instruct in B country during the entirety of the spring session, but said
nothing about cancellation by either party. At some point on or about late February, this
individual advised M university that they would not be able to come to B country. Assume for
the purposes of this assignment that the individual had been diagnosed with cancer, and was
unable to travel.
In or about early March Professor Robert had been offered and had accepted a position as the
new instructor by M university. A contract was entered into that included, among other things,
clear instructions that he would need to secure the appropriate Visa that would allow him to
travel to B country. As time was tight (in legal terms we say that time was of the essence)
Robert was encouraged to go ahead and book flights and make the necessary arrangements in
order to be in B country to start classes on April 22.
In C country, the B country embassy is responsible for issuing appropriate Visas for travel to B.
In order to facilitate the processing of applications, the embassy utilizes an independent
company known as the B Visa Processing Centre Limited…this company is a separate entity
from the government and operates at arm’s length from the embassy. Applications are filled
out online, and when complete, the applicant must print the application form and attend in
person at the offices of the B Visa Processing Centre where they pay a fee and also provide
biometric scans that enable the embassy to conduct their work. The B Visa Processing Centre
essentially prescreens visa applications to ensure conformity with the established decision
parameters. If there are readily apparent issues, for example an expired passport or things of an
administrative nature, then the B Visa Processing Centre will hold an application pending the
correction of the issue by the applicant. The Processing Centre also states that applicants who
cannot pick up their passport in person must provide a prepaid pre-addressed return envelope
so that the passport containing the Visa can be returned to the applicant.
Robert prepared the online application form as advised. Given the type of Visa required, Robert
needed a letter, known as the Foreign Expert Invitation Letter issued by the provincial
government in B country. Although this letter was not mentioned in the contract, M university
represented verbally that they would secure the letter for Robert. M university did, in fact
secure the letter, which was advanced to Robert via email on March 19. Having completed the
application, and with the letter in hand, Robert flew to the capital city of country C to deliver
the visa application.
Before that however, Robert had booked flights from H city C country to B country that would
have him arrive in B on April 19 in time to begin classes on the 22nd. Robert was instructed to
secure cancellation insurance on all flights. Robert did, in fact, pay for and receive a policy of
insurance that clearly stated that it would cover the cost of flights cancelled due to medical
emergencies or death, including medical emergencies or death to immediate family members
of the insured party.
While sitting in the departure lounge awaiting his return flight to H city, having attended at the
Visa Processing Centre as required Robert received a telephone call from the B Visa Processing
Centre and was told that the embassy has already had a look at the Foreign Expert Invitation
Letter. Robert was advised that the letter would not suffice because it lacked certain
information, and also because it needed to be issued by the appropriate government
authorities in B. The letter had actually been issued by the University, in accordance with past
practice This issue had not been raised for previous applications.
As a result of this problem, it became impossible to travel as planned and Robert advised his
travel agent that the flights would need to be cancelled or changed. Further, Robert and
officials at M university decided that he should not rebook any travel until it was absolutely
certain that the new letter could be obtained.
On April 19, Robert received a different Foreign Expert Invitation Letter and forwarded it to the
B Visa Processing Centre. They acknowledged receipt on April 22 and indicated that he should
receive confirmation that the Visa had been processed by April 26.
With this new knowledge, M university and N university amended the start date of the course
to May 6.
On April 26, Robert received word that his Visa had been processed and his passport had been
placed in the provided pre-paid, pre-addressed envelope and put in the mail. The expected
delivery date was April 29. Unfortunately, on April 29 it was discovered that the passport had
been delivered to any entirely different address, not in H city , but in O city, 2000 kilometres
away. The address label on the envelope that had been purchased from C country Post had
been tampered with before it was sold. When it was placed in the postal system by the B Visa
Processing Centre, it had two different addresses, and C Post picked one but they picked the
wrong one. When contacted by Robert, C country Post officials advised that once the envelope
had been placed in the mailbox of the receiver, it became the receiver’s property, and C
country Post could not recover it because this would constitute theft. They took no
responsibility for the envelope, saying it was the buyer’s problem.
Fortunately the passport was located. The individual that had the passport said that he would
return it if Robert came to get it at his home. When Robert travelled to the home, the
gentleman said he would only return it if Robert paid a significant reward. At first Robert
declined, but the gentleman indicated that he would call the police and state that Robert was
trespassing on his property. Robert felt he had no choice, and so he complied and made the
payment.
When Robert returned to his hotel with the passport, the rain started to fall heavily. The stone
walkway at the front of the hotel was quite slippery, and unfortunately Robert fell and injured
his shoulder. Hotel staff would take no responsibility for the injury, stating Robert should have
been more careful as it was raining. A sign on the wall of the hotel indicated that the paving
stones could become slippery when wet, and patrons of the hotel were cautioned that the
hotel accepted no responsibility for injuries. Unfortunately, the hotel concierge had left a
luggage cart in front of the sign such that it was not visible.
1. IDENTIFY ALL THE POTENTIAL LEGAL ISSUES WITH REFERENCE TO THE MATERIALS
COVERED IN THE COURSE. YOU MAY PREPARE YOUR ANSWER IN POINT FORM. NOTE
ALSO THAT YOU ARE ASKED ONLY TO IDENTIFY THE POTENTIAL LEGAL ISSUES, SO A
COMPLETE ANALYSIS IS NOT REQUIRED. (50 points)
2. ASSUME YOU ARE A LAWYER RETAINED BY M university. ADVISE M univeristy OF ALL
OF THEIR RIGHTS AND OBLIGATIONS IF Robert HAD NOT BEEN ABLE TO SECURE THE
VISA. (10 points)
3. IDENTIFY, WITH REFERENCE TO RISK MANAGEMENT STRATEGIES, AREAS WHERE RISK
WAS ENCOUNTERED AND HOW THE PARTIES DEALT WITH THE RISK. SPECIFY THE
PARTICULAR RISK MANAGEMENT STRATEGY. (35 points)
4. WOULD IT MAKE ANY DIFFERENCE TO YOUR ANALYSIS IF Robert WAS PAID OR IF HE
WAS A VOLUNTEER? WHY OR WHY NOT? (5 points)

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