Question 1

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 2

The contra proferentem rule is used against the party who made the contract in favour of the party who did not.

Accepted Answer

A) True 
 B)False

Question 3

A court will sometimes recognize the existence of an implied term from customs in a particular trade or transaction.

Accepted Answer

A) True 
 B)False

Question 4

Explain how courts choose between conflicting testimony.

Accepted Answer

Since a court is reluctant to accept the

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

A collateral contract is

Accepted Answer

A) an unenforceable agreement that is related to another written agreement. 
B) a separate agreement between the parties included in a written contract. 
C) an agreement between parties to a contract that precedes another written agreement. 
D) a separate agreement between the parties made at the same time as a main agreement between the parties,but not included in the written document. 
E) a void agreement that is related to another written agreement. 
A) an unenforceable agreement that is related to another written agreement. 
B) a separate agreement between the parties included in a written contract. 
C) an agreement between parties to a contract that precedes another written agreement. 
D) a separate agreement between the parties made at the same time as a main agreement between the parties,but not included in the written document. 
E) a void agreement that is related to another written agreement.

Question 7

A and B have been dealing together for 10 years,during which time A buys steel ingots from B.Throughout the 10-year period,A has always ordered the highest quality steel from B and B has delivered it.Last week,A ordered 1000 ingots of steel from B,but when he filled out the purchase order,A forgot to specify the highest quality of steel,and when the purchase order was received,B's employee delivered steel ingots of a lesser quality to A.A refuses the shipment,and B,whose business is suffering in a bad economy,finds himself forced to sue A.In this situation,

Accepted Answer

A) the court will be unable to import any kind of term into the contract because it is in writing. 
B) the court will consider that it was a condition precedent to the purchase by A that the steel ingots be of the highest quality. 
C) the court will look at the previous dealings of A and B and imply a term that B was to supply steel ingots of the highest quality. 
D) the court will set aside the contract by reason that it is silent as to the quality of steel that B is to supply to A. 
E) none of the above 
A) the court will be unable to import any kind of term into the contract because it is in writing. 
B) the court will consider that it was a condition precedent to the purchase by A that the steel ingots be of the highest quality. 
C) the court will look at the previous dealings of A and B and imply a term that B was to supply steel ingots of the highest quality. 
D) the court will set aside the contract by reason that it is silent as to the quality of steel that B is to supply to A. 
E) none of the above

Question 8

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

Accepted Answer

There are a significant number of advant

Question 9

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

Question 10

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 11

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 12

George owes Michael Moneybags $1000.Susan,George's sister,goes to Michael Moneybags and makes this statement: "If my brother is unable to pay,I shall make payment." Susan's statement is

Accepted Answer

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

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

Evidence regarding certain oral terms that were discussed between the parties to a contract that has been reduced to writing

Accepted Answer

A) cannot be introduced into court because of the rule of express terms. 
B) cannot be introduced into court because there were no prior dealings between the parties. 
C) cannot be introduced into court because of the parol evidence rule. 
D) cannot be introduced into court because of the rule regarding consideration. 
E) cannot be introduced into court because of the rule of implied terms. 
A) cannot be introduced into court because of the rule of express terms. 
B) cannot be introduced into court because there were no prior dealings between the parties. 
C) cannot be introduced into court because of the parol evidence rule. 
D) cannot be introduced into court because of the rule regarding consideration. 
E) cannot be introduced into court because of the rule of implied terms.

Question 15

To interpret the express provisions of a contract,a court will

Accepted Answer

A) examine the most widely held meaning of the words. 
B) begin with the ordinary meaning of the words and then will examine their meaning within the context of the words. 
C) examine the ordinary meaning of the words and then will determine the most widely held meaning of the words. 
D) begin with the ordinary meaning of the words and then will ask a jury to determine the societal meaning of the words. 
E) examine the meaning of the words within the context and then will examine the ordinary meaning of the words. 
A) examine the most widely held meaning of the words. 
B) begin with the ordinary meaning of the words and then will examine their meaning within the context of the words. 
C) examine the ordinary meaning of the words and then will determine the most widely held meaning of the words. 
D) begin with the ordinary meaning of the words and then will ask a jury to determine the societal meaning of the words. 
E) examine the meaning of the words within the context and then will examine the ordinary meaning of the words.

Question 16

The parol evidence rule does not permit evidence of oral contracts entered into between the parties after they enter into a written agreement.

Accepted Answer

A) True 
 B)False

Question 17

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 18

When we say that a contract is unenforceable under the Statute of Frauds,we mean that there never was a contract at all.

Accepted Answer

A) True 
 B)False

Question 19

Michael Products Limited and Jensen Corporation enter into an agreement under which Michael Products Limited agrees to supply 20 tonnes of soap to Jensen Corporation.Jensen agrees to pay $20 000 for the product.The agreement includes a provision to the effect that the agreement is conditional of Jensen providing a letter from a bank,no later than two days after the execution of the agreement,that Jensen Corporation has the funds to pay for the goods.Three days after the signing of the agreement,Michael Products Limited has not provided the letter from the bank.Jensen Corporation can_ because

Accepted Answer

A) continue with the contract;the contract is not void 
B) walk away from the contract;the contract is void 
C) continue with the contract;the contract is effective 
D) terminate the contract;the contract is void 
A) continue with the contract;the contract is not void 
B) walk away from the contract;the contract is void 
C) continue with the contract;the contract is effective 
D) terminate the contract;the contract is void

Question 20

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

Accepted Answer

A condition precedent is an event that t

Exam 10: Writing and Interpretation

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,

The contra proferentem rule is used against the party who made the contract in favour of the party who did not.

A court will sometimes recognize the existence of an implied term from customs in a particular trade or transaction.

Explain how courts choose between conflicting testimony.

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

A collateral contract is

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

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.

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

George owes Michael Moneybags $1000.Susan,George's sister,goes to Michael Moneybags and makes this statement: "If my brother is unable to pay,I shall make payment." Susan's statement is

Which of the following is true about consumer protection statutes?

Evidence regarding certain oral terms that were discussed between the parties to a contract that has been reduced to writing

To interpret the express provisions of a contract,a court will

The parol evidence rule does not permit evidence of oral contracts entered into between the parties after they enter into a written agreement.

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

When we say that a contract is unenforceable under the Statute of Frauds,we mean that there never was a contract at all.

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

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

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

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

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

International Business Transactions

Electronic Commerce

Privacy

Filters