A bicycle repair shop replaced a wheel on Zoe's mountain bike after she had run over a nail in the street. The repairman said that, although the new tire was not the same brand that had been on the bike when she bought it, not only was it better quality and would be dependable, it was less expensive too. As Zoe biked down a busy street the tire tube popped causing her to lose control and fall into traffic. She suffered broken bones and internal injuries resulting in lost pay at work. Zoe's lawyer suggested using estoppel as grounds for her case. Is she likely to succeed?
A) Yes, she will because she accepted the facts about the tire which caused her injury as true, thus constituting estoppel.
B) No, she will not win because estoppel is not a valid ground for claim under contract law in the Canadian legal system.
C) No, she would not succeed because she was responsible for her injury since she accepted the facts as true without investigation of the statement which forms the grounds for estoppel.
D) No, unless the incident happened in the province of Quebec where estoppel exists in the Droites Civil system.
E) All of the responses are correct.
Correct Answer:
Verified
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