In which of the following scenarios would the doctrine of binding precedent NOT apply?
A) A judge of the Superior Court of Justice of Ontario is hearing a case with similar facts and points of law to a case already decided by the Supreme Court of Canada
B) The Court of Appeal of Prince Edward Island is hearing a case with similar facts and points of laws to a case already decided by the Supreme Court of Canada.
C) A judge of the Supreme Court of British Columbia is hearing a case with similar facts and points of law to a case already decided by the Court of Appeal of British Columbia.
D) The Court of Appeal of Manitoba is hearing a case with similar facts and points of law to a case already decided by a judge of the Supreme Court of British Columbia.
E) It would apply in all of the above cases.
D
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If a contract for the sale of goods omits the place for delivery, the Code states that delivery will take place at:
A) the seller's place of business. B) the seller's residence. C) the buyer's place of business. D) the buyer's residence.
Metro Facilities, Inc, contracts to sell a parking garage to Nouveau Property Company. The contract pro¬vides that if Metro does not close the deal by September 15, it must pay Nouveau one-half of the contract price. This provision isnot enforceable because it is
a. a liquidated damages clause. b. a waiver of breach clause. c. a limitation-of-liability clause. d. a penalty clause.