Exam 10: Writing and Interpretation

A judge is in the best position to assess credibility.

A is employed by B as a truck driver.C is A's partner,and they go on deliveries together.One day,while backing up the truck,A drives negligently and injures C.C successfully sues B on the basis of vicarious liability.In a law suit by B against A,

What is the parol evidence rule?

The plaintiffs were growers of oranges in Spain and the defendants were ship owners.The plaintiffs wished to export their oranges to England and shipped them to the defendants' vessel,relying on an oral promise by the defendants' agent that the vessel would sail straight to London.In fact,the vessel went first to Antwerp,so that the oranges arrived late in London and the plaintiffs lost a favourable market.When the plaintiffs claimed damages for breach of contract,the defendant owners relied on the bill of lading,which expressly allowed them to proceed "by any route whether directly or indirectly" to London.In this case,

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

Use these fact situations to answer the related questions that follow. Fact Situation 1: John is the 20-year-old nephew of Mary,who is 80 years of age and unable to get around or do things herself.Mary owns two properties in Toronto: 121 Thornton Lane and 122 Thornton Lane.Mary,who lives at 121 Thornton Lane,orally agrees with John that if he is good to her and does whatever services for her that she asks him to do from time to time during the rest of her life,she will leave John 121 Thornton Lane.John does not live with Mary,but does a number of things that Mary asks him to do,including taking her on trips,doing some errands,and also doing some odd jobs for both properties over the course of a year,after which Mary dies without leaving John 121 Thornton Lane.Now John sues her estate to get the house. Fact Situation 2: In 1921 Gus met Dick,and in the spring of 1922 Gus went to work for Dick as a farm labourer.For the first two years after that,Gus was paid $50.00 a month,plus room and board and meals.In 1924,Dick was in an accident and became disabled.Although Dick could not pay Gus wages,he promised to leave Gus his farm after he died if Gus stayed and worked the land.From 1924 on,Gus,who often considered leaving Dick's farm and had ample opportunity to do so,stayed and worked the farm on Dick's continued promise that if he stayed and worked the farm,the farm would be his after Dick's death.During this time Gus planted the fields,decided on what crops to plant,did repairs to Dick's house,and on Dick's behalf purchased livestock and then took care of it.Dick died in 1930 before he had a chance to make a will leaving Gus the land. In Fact Situation 1,if John sues Mary's estate to get the house,

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,

Leigh Miller operates a coffee shop called Coffee Crazed in a trendy area of town.She wants to change coffee suppliers and recently met with Juan Carlos,a sales representative for Columbia Coffee Beans Wholesale Supply Ltd. ,to discuss the company's products and prices.She agrees orally to purchase a two-year supply of coffee beans.She wants to reduce the agreement to writing.Which of the following is not an essential term of the contract as required by the Statute of Frauds?

What is the doctrine of part performance?

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,

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

The doctrine of part performance as it relates to the Statute of Frauds means that

An unenforceable contract is a void contract.

Distinguish between a promise of guarantee and a promise of indemnity.

From the point of view of risk management,what conclusion about the clarity of form of a contract would you suggest arises out of your reading of this chapter?

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

The dictionary meaning of a word does not always clarify its meaning.Explain.

Explain how an oral contract that is unenforceable because it is not in writing,may still affect the relationship between the parties.

When a contract is subject to a condition precedent and the condition is not satisfied,the contract ceases to exist.Explain.

A court will sometimes recognize the existence of an implied term from discussions that the parties had prior to entering into the contract.