Question 1

The phrase "no action shall be brought" in the Statute of Frauds applies to procedure and not validity.This means that

Accepted Answer

A) a party can bring a legal action,but only if a new contract is proven to supersede the original. 
B) a party cannot bring a legal action,since the contract is void. 
C) a party cannot bring a legal action,because the Statute affects the validity of the contract. 
D) although no action may be brought on the contract itself,the contract may still affect the legal relations between the parties in several ways. 
E) a party cannot bring a legal action at all because one or more of the essential terms of the contract are missing. 
A) a party can bring a legal action,but only if a new contract is proven to supersede the original. 
B) a party cannot bring a legal action,since the contract is void. 
C) a party cannot bring a legal action,because the Statute affects the validity of the contract. 
D) although no action may be brought on the contract itself,the contract may still affect the legal relations between the parties in several ways. 
E) a party cannot bring a legal action at all because one or more of the essential terms of the contract are missing. D

Question 2

At common law,once the terms of a contract are determined,it is irrelevant that it is only a verbal contract.

Accepted Answer

A) True 
 B)False  True

Question 3

Explain the doctrine of part performance in the context of the Statute of Frauds.

Accepted Answer

The Statute of Frauds renders unenforceable certain types of contracts where such contracts are not in writing.One of these contracts are contracts concerning interests in land.Under the doctrine of part performance,however,if a plaintiff can show to the satisfaction of a court that he or she has partly performed an oral contract relating to an interest in land,in reliance on the contract,the court will accept the performance as evidence of the contract in place of the written contract.

Question 4

Which of the following is true with regard to a contract that has to be in writing?

Accepted Answer

A) If the contract is handwritten,it must be in ink. 
B) All implied terms must be carefully identified. 
C) If the contract is a guarantee,consideration must be identified. 
D) The parties must meet to discuss the terms. 
E) The contract does not have to be wholly within a single document.Several written notes may be taken together to satisfy the Statute of Frauds. 
A) If the contract is handwritten,it must be in ink. 
B) All implied terms must be carefully identified. 
C) If the contract is a guarantee,consideration must be identified. 
D) The parties must meet to discuss the terms. 
E) The contract does not have to be wholly within a single document.Several written notes may be taken together to satisfy the Statute of Frauds.

Question 5

When a contract is oral,the first task of a court is to determine what the parties agreed to.

Accepted Answer

A) True 
 B)False

Question 6

Edward and his wife,Mary,go into a bank.Edward wants to loan $10 000.00 from the bank,but the bank manager wants some kind of security.Because they are in a hurry,Mary says,"Give Edward the money and I will pay Edward's loan." The bank manager looks at her and,being afraid that the bank will not loan Edward the money,Mary says,"Please,if Edward does not pay the loan,I will." The bank manager has Mary sign a document with both of her statements in it.In this situation,

Accepted Answer

A) Mary is an indemnifier. 
B) Mary has indemnified the loan to the bank. 
C) Mary is a guarantor of Edward. 
D) Mary has guaranteed the loan to the bank. 
E) all of the above 
A) Mary is an indemnifier. 
B) Mary has indemnified the loan to the bank. 
C) Mary is a guarantor of Edward. 
D) Mary has guaranteed the loan to the bank. 
E) all of the above

Question 7

An oral contract concerning land will always be unenforceable under the Statute of Frauds.

Accepted Answer

A) True 
 B)False

Question 8

The best way to ensure that terms advantageous to a business are enforceable against a consumer is to use a detailed standard form contract that meets the requirements of consumer protection legislation.

Accepted Answer

A) True 
 B)False

Question 9

In respect of a contract to which the Statute of Frauds applies,which of the following is NOT true?

Accepted Answer

A) Both parties must sign the contract. 
B) The essential elements of the contract must be in writing. 
C) The defendant must sign the contract. 
D) The contract must be under seal. 
E) Both A and D are not true. 
A) Both parties must sign the contract. 
B) The essential elements of the contract must be in writing. 
C) The defendant must sign the contract. 
D) The contract must be under seal. 
E) Both A and D are not true.

Question 10

What is the difference between a promise of guarantee and a promise of indemnity?

Accepted Answer

A promise of guarantee is a promise give

Question 11

The substance of a contract may have a variety of

Accepted Answer

A) statutes. 
B) forms. 
C) parties. 
D) attributes. 
E) beneficiaries. 
A) statutes. 
B) forms. 
C) parties. 
D) attributes. 
E) beneficiaries.

Question 12

Use the fact situation in Q15 to answer the related question that follows. In Fact Situation 2,in a lawsuit by Gus to get ownership of the land,

Accepted Answer

A) Gus will succeed by virtue of the doctrine of part performance. 
B) Gus will not succeed because the agreement between Dick and Gus is unenforceable under the Statute of Frauds. 
C) Gus will not succeed because the agreement between Dick and Gus is void under the Statute of Frauds. 
D) Gus will not succeed,but will be entitled to a quantum meruit claim for the work and services he did for Dick. 
E) the agreement between Dick and Gus does not contain all the essential terms necessary to create a binding agreement. 
A) Gus will succeed by virtue of the doctrine of part performance. 
B) Gus will not succeed because the agreement between Dick and Gus is unenforceable under the Statute of Frauds. 
C) Gus will not succeed because the agreement between Dick and Gus is void under the Statute of Frauds. 
D) Gus will not succeed,but will be entitled to a quantum meruit claim for the work and services he did for Dick. 
E) the agreement between Dick and Gus does not contain all the essential terms necessary to create a binding agreement.

Question 13

Which of the following is true about consumer protection statutes?

Accepted Answer

A) Provincial legislation is not as encompassing as federal legislation. 
B) The federal government believes there is the need to be a big brother upon which one can call. 
C) It covers businesses as well as consumers. 
D) It only addresses the buying and selling of goods. 
E) It is concerned with only one party to the contract,the purchaser. 
A) Provincial legislation is not as encompassing as federal legislation. 
B) The federal government believes there is the need to be a big brother upon which one can call. 
C) It covers businesses as well as consumers. 
D) It only addresses the buying and selling of goods. 
E) It is concerned with only one party to the contract,the purchaser.

Question 14

Acceptance under the Sale of Goods Act means

Accepted Answer

A) an unconditional willingness to enter into an agreement with the seller on terms specified. 
B) conduct by the buyer to accept the offer made by the seller. 
C) accepting the goods. 
D) accepting the terms of the contract of sale. 
E) any conduct by the buyer in relation to the goods that amounts to a recognition of the existence of a contract. 
A) an unconditional willingness to enter into an agreement with the seller on terms specified. 
B) conduct by the buyer to accept the offer made by the seller. 
C) accepting the goods. 
D) accepting the terms of the contract of sale. 
E) any conduct by the buyer in relation to the goods that amounts to a recognition of the existence of a contract.

Question 15

A written document can contain both a guarantee and an indemnity.

Accepted Answer

A) True 
 B)False

Question 16

John orally agrees to sell his land to Mary for $50 000.00,and Mary gives John a deposit of $15 000.00.The agreement is to close (be completed)in 30 days.Two days later,John gives Mary a note saying,"I know that you are buying the land to develop it." Five days after this,John tells Mary he has changed his mind and refuses to sell her the land,and Mary accepts this.In a lawsuit by Mary to recover her deposit,

Accepted Answer

A) the deposit will be recoverable on the basis of a total failure of consideration. 
B) the deposit will not be recoverable because the time for completion has not yet occurred. 
C) the deposit will not be recoverable because the agreement is not in writing. 
D) the deposit will be recoverable because Mary has done nothing wrong. 
E) none of the above 
A) the deposit will be recoverable on the basis of a total failure of consideration. 
B) the deposit will not be recoverable because the time for completion has not yet occurred. 
C) the deposit will not be recoverable because the agreement is not in writing. 
D) the deposit will be recoverable because Mary has done nothing wrong. 
E) none of the above

Question 17

The essential elements of a contract that must be in a written memorandum are the parties and the price.

Accepted Answer

A) True 
 B)False

Question 18

It has often been said that by defeating the reasonable expectation of the parties,the Statute of Frauds promotes

Accepted Answer

A) certainty and predictability. 
B) more frauds than it prevents. 
C) guarantees and indemnities. 
D) good faith bargaining. 
E) binding contractual relations. 
A) certainty and predictability. 
B) more frauds than it prevents. 
C) guarantees and indemnities. 
D) good faith bargaining. 
E) binding contractual relations.

Question 19

Allan and Nora enter into an oral agreement for the sale of Allan's land to Nora for a price to be decided on later,and Allan sends Nora a written memorandum setting this out.In the memorandum Allan goes on to state that settling on the price of the land is very important.In a lawsuit by Nora to get the land,

Accepted Answer

A) Nora will succeed on a quantum meruit basis. 
B) Nora will not succeed since the memorandum is not sufficient compliance with the Statute of Frauds. 
C) Nora will not succeed since the essential terms of the contract are not present. 
D) Nora will succeed since the essential terms of the contract are present. 
E) Nora will succeed since the memorandum is sufficient compliance with the Statute of Frauds. 
A) Nora will succeed on a quantum meruit basis. 
B) Nora will not succeed since the memorandum is not sufficient compliance with the Statute of Frauds. 
C) Nora will not succeed since the essential terms of the contract are not present. 
D) Nora will succeed since the essential terms of the contract are present. 
E) Nora will succeed since the memorandum is sufficient compliance with the Statute of Frauds.

Question 20

One Ontario Consumer Protection Act provision prohibits a motor vehicle repairer from charging for work unless an estimate meeting the prescribed requirements has been given or waived.

Accepted Answer

A) True 
 B)False

Exam 9: The Requirement of Writing

The phrase "no action shall be brought" in the Statute of Frauds applies to procedure and not validity.This means that

At common law,once the terms of a contract are determined,it is irrelevant that it is only a verbal contract.

Explain the doctrine of part performance in the context of the Statute of Frauds.

Which of the following is true with regard to a contract that has to be in writing?

When a contract is oral,the first task of a court is to determine what the parties agreed to.

An oral contract concerning land will always be unenforceable under the Statute of Frauds.

The best way to ensure that terms advantageous to a business are enforceable against a consumer is to use a detailed standard form contract that meets the requirements of consumer protection legislation.

In respect of a contract to which the Statute of Frauds applies,which of the following is NOT true?

What is the difference between a promise of guarantee and a promise of indemnity?

The substance of a contract may have a variety of

Use the fact situation in Q15 to answer the related question that follows. In Fact Situation 2,in a lawsuit by Gus to get ownership of the land,

Which of the following is true about consumer protection statutes?

Acceptance under the Sale of Goods Act means

A written document can contain both a guarantee and an indemnity.

The essential elements of a contract that must be in a written memorandum are the parties and the price.

It has often been said that by defeating the reasonable expectation of the parties,the Statute of Frauds promotes

One Ontario Consumer Protection Act provision prohibits a motor vehicle repairer from charging for work unless an estimate meeting the prescribed requirements has been given or waived.

Law, society, and Business

The Machinery of Justice

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Sale of Goods

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

Privacy

Breach of Contract and Its Remedies

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