Exam 10: Writing and Interpretation

A makes a contract under which B Company is to repair and repaint A's pier.Under the contract,A has the right to specify the materials to be used.B Company induces A to specify the use of a particular paint that it made,giving A assurances of its quality.The paint is supplied by B Company,but it is found to be unsuitable,and A has to spend $40 000.00 to correct the matter.In a lawsuit by A against B,

The form of contract includes

Mercantile Limited,a corporation in Toronto,enters into an agreement with Jackson to advance $300 000 to Jackson for the purchase of farming equipment.Jackson agrees to give Mercantile Limited a mortgage over his home as security for the advance of the money.The terms of the agreement contain an appraisal provision that the commitment to make the loan is subject to an appraisal of Jackson's home of at least $350 000.The appraisal provision is known as an appraisal warranty.

A and B have just signed a written agreement for the purchase by A of B's house.During the negotiations,A made it clear to B that his purchase was conditional on A conducting a building inspection of house within five days of the date of the agreement,which was satisfactory to A.However,this condition is not included in the agreement.In this situation,

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

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?

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

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

In the formation of a contract,the intention of the parties may be just as important as the essential elements of the contract.

A agrees to paint B's house.B then says to A,"If you paint my house,I'll give you $500.00." In this situation,

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

What is the plain meaning approach to the interpretation of contracts? What are the limitations of this approach?

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

Why would the Statute of Frauds apply to an agreement to lease an apartment but not to a contract to renovate an apartment?

Conditions precedent can be enforced if they are oral.

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,

The Statute of Frauds

A and B are negotiating a contract by faxes going back and forth between them.During their negotiations,they agree on the subject matter of the contract,the price,and the date of performance.However,both agree that once the negotiations are complete,a formal written contract will be prepared and signed.In this situation,

In choosing between conflicting testimony,a court will

A guarantee is