Question 1

When a contract is wholly oral,the first problem of the court is

Accepted Answer

A) to determine the liberal meaning of the words. 
B) to speak to the parties. 
C) to read the contract. 
D) to determine the dictionary meaning of the provisions. 
E) to determine what exactly the parties agreed to. 
A) to determine the liberal meaning of the words. 
B) to speak to the parties. 
C) to read the contract. 
D) to determine the dictionary meaning of the provisions. 
E) to determine what exactly the parties agreed to.

Question 2

The form of contract includes

Accepted Answer

A) contracts whose terms are entirely in writing in several documents. 
B) contracts whose terms are entirely oral. 
C) contracts whose terms are entirely in writing in one document. 
D) contracts whose terms are both oral and in writing. 
E) all of the above 
A) contracts whose terms are entirely in writing in several documents. 
B) contracts whose terms are entirely oral. 
C) contracts whose terms are entirely in writing in one document. 
D) contracts whose terms are both oral and in writing. 
E) all of the above

Question 3

Consumer protection statutes address the form and content of consumer contracts relating to goods only.

Accepted Answer

A) True 
 B)False

Question 4

Regardless of the legal requirements,what are the practical advantages of a written record?

Accepted Answer

There are a significant number of advant

Question 5

In what way does the Sale of Goods Act differ from the Statute of Frauds where there is no written contract?

Accepted Answer

In such a situation,the contract would b

Question 6

Happy Go Lucky Company (HGLC)enters into an oral employment agreement with Albert under which Albert becomes the managing director of HGLC for a period of two years.The employment agreement provides that both Albert and HGLC have the right to terminate the contract on six months' notice to the other.After working for the company for eight months,HGLC gives Albert two months' notice of termination.In this situation,

Accepted Answer

A) the Statute of Frauds does not apply because the essential terms of the contract are present,so Albert can enforce the term that he be given six months' notice. 
B) the Statute of Frauds applies,because there has not been part performance by Albert,so Albert cannot enforce the term that he be given six months' notice. 
C) the Statute of Frauds does not apply,because the contract is one for an indefinite period,so Albert can enforce the term that he be given six months' notice. 
D) the Statute of Frauds applies,because the contract extends over a period of more than a year,so Albert cannot enforce the term that he be given six months' notice. 
E) none of the above 
A) the Statute of Frauds does not apply because the essential terms of the contract are present,so Albert can enforce the term that he be given six months' notice. 
B) the Statute of Frauds applies,because there has not been part performance by Albert,so Albert cannot enforce the term that he be given six months' notice. 
C) the Statute of Frauds does not apply,because the contract is one for an indefinite period,so Albert can enforce the term that he be given six months' notice. 
D) the Statute of Frauds applies,because the contract extends over a period of more than a year,so Albert cannot enforce the term that he be given six months' notice. 
E) none of the above

Question 7

The Statute of Frauds requires that contracts with minors must be in writing.

Accepted Answer

A) True 
 B)False

Question 8

An oral contract determined to be unenforceable pursuant to the Statute of Frauds is void.

Accepted Answer

A) True 
 B)False

Question 9

The Statute of Frauds

Accepted Answer

A) requires that contracts with minors be in writing. 
B) prevents contracts with minors. 
C) renders unenforceable certain types of contracts unless they are in writing. 
D) is an English law that does not apply in Canada. 
E) renders unenforceable contracts with minors. 
A) requires that contracts with minors be in writing. 
B) prevents contracts with minors. 
C) renders unenforceable certain types of contracts unless they are in writing. 
D) is an English law that does not apply in Canada. 
E) renders unenforceable contracts with minors.

Question 10

Mary tells John,"I shall pay the debt my sister owes you." This statement is a promise of guarantee.

Accepted Answer

A) True 
 B)False

Question 11

A guarantee is

Accepted Answer

A) a promise to be primarily liable for the debt of a debtor. 
B) a promise to enter into an agreement when a debtor defaults. 
C) a promise to pay only if the debtor defaults. 
D) a promise to purchase goods. 
E) a promise to add one's signature to a legal document. 
A) a promise to be primarily liable for the debt of a debtor. 
B) a promise to enter into an agreement when a debtor defaults. 
C) a promise to pay only if the debtor defaults. 
D) a promise to purchase goods. 
E) a promise to add one's signature to a legal document.

Question 12

Under the Statute of Frauds,a "promise to answer for the miscarriage of another" has been interpreted to mean

Accepted Answer

A) a promise to pay for goods not paid for by a purchaser. 
B) a promise to pay for the injury caused by the tort of another. 
C) a promise to perform a contract that has been breached by another. 
D) a promise to pay for the injury caused by the tort of another and a promise to perform a contract that has been breached by another. 
E) a promise to settle a debt owed by another. 
A) a promise to pay for goods not paid for by a purchaser. 
B) a promise to pay for the injury caused by the tort of another. 
C) a promise to perform a contract that has been breached by another. 
D) a promise to pay for the injury caused by the tort of another and a promise to perform a contract that has been breached by another. 
E) a promise to settle a debt owed by another.

Question 13

George owes Michael Moneybags $1000.Susan,George's sister,goes to Michael Moneybags and makes this statement: "I shall pay the debt of my brother." This statement is

Accepted Answer

A) a promise of indemnity. 
B) a promise of guarantee. 
C) a misrepresentation. 
D) a promise of guarantee and indemnity. 
E) a representation. 
A) a promise of indemnity. 
B) a promise of guarantee. 
C) a misrepresentation. 
D) a promise of guarantee and indemnity. 
E) a representation.

Question 14

An unenforceable contract is a void contract.

Accepted Answer

A) True 
 B)False

Question 15

Under the Statute of Frauds,a promise of indemnity and a promise of guarantee must be in writing to be enforceable.

Accepted Answer

A) True 
 B)False

Question 16

A distinction must always be drawn between the substance of a contract and its

Accepted Answer

A) parties. 
B) benefits. 
C) principles. 
D) form. 
E) beneficiaries. 
A) parties. 
B) benefits. 
C) principles. 
D) form. 
E) beneficiaries.

Question 17

Which of the following is NOT one of the kinds of conduct that must be established by a party who seeks to enforce an agreement,under the Sale of Goods Act,that is not in writing?

Accepted Answer

A) the provision of consideration 
B) acceptance by the buyer 
C) actual receipt of the goods by the buyer 
D) part payment tendered by the buyer and accepted by the seller 
E) something by way of earnest given by the buyer to the seller 
A) the provision of consideration 
B) acceptance by the buyer 
C) actual receipt of the goods by the buyer 
D) part payment tendered by the buyer and accepted by the seller 
E) something by way of earnest given by the buyer to the seller

Question 18

A and B are negotiating a contract under which,if it is concluded,B will purchase A's land.A sends a fax to B stating,"I will sell you the 40 acres of land that I own at 1234 Concession Road 2,County of Simcoe for $100 000.00." B faxes the following response: "I can't pay $100 000.00.Will you take $92 000.00?" On receiving this fax,A responds by saying,"$92 000.00 is the lowest that I can go." After thinking about it for a time,B faxes back to A saying,"I'll pay the $92 000.00,but I want you to throw in your harvester machine." A then responds by fax,which says,"Done.But maybe we should put the agreement in writing." No further response is forthcoming from B and the agreement is never put into a formal written document.A few days later,B bumps into A and says,"I'm getting the money to pay you for your farm." To which A replies,"Oh,I changed my mind,and since we don't have written contract,the deal is off." In this situation,what will both A and B argue,and who is most likely to succeed?

Accepted Answer

A will argue that there is no formal wri

Question 19

Generally speaking,in what three situations will the question of the applicability of the Statute of Frauds arise?

Accepted Answer

The three situations are where the contr

Question 20

A contract that is unenforceable under the Statute of Frauds may be saved by a subsequent written memorandum.

Accepted Answer

A) True 
 B)False

Exam 9: The Requirement of Writing

When a contract is wholly oral,the first problem of the court is

The form of contract includes

Consumer protection statutes address the form and content of consumer contracts relating to goods only.

Regardless of the legal requirements,what are the practical advantages of a written record?

In what way does the Sale of Goods Act differ from the Statute of Frauds where there is no written contract?

The Statute of Frauds requires that contracts with minors must be in writing.

An oral contract determined to be unenforceable pursuant to the Statute of Frauds is void.

The Statute of Frauds

Mary tells John,"I shall pay the debt my sister owes you." This statement is a promise of guarantee.

A guarantee is

Under the Statute of Frauds,a "promise to answer for the miscarriage of another" has been interpreted to mean

George owes Michael Moneybags $1000.Susan,George's sister,goes to Michael Moneybags and makes this statement: "I shall pay the debt of my brother." This statement is

An unenforceable contract is a void contract.

Under the Statute of Frauds,a promise of indemnity and a promise of guarantee must be in writing to be enforceable.

A distinction must always be drawn between the substance of a contract and its

Which of the following is NOT one of the kinds of conduct that must be established by a party who seeks to enforce an agreement,under the Sale of Goods Act,that is not in writing?

Generally speaking,in what three situations will the question of the applicability of the Statute of Frauds arise?

A contract that is unenforceable under the Statute of Frauds may be saved by a subsequent written memorandum.

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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