Exam 10: Writing and Interpretation

Which of the following is NOT a usual source of implied terms?

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

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

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

The contra proferentem rule establishes a form of equality among the parties to a contract.Explain.

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

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

What is the parol evidence rule?

What is an implied term? In what circumstances are the courts likely to find that an implied term is appropriate to the interpretation of the contract?

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?

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

A guarantee is

Sometimes the court will imply terms reasonably necessary to make a contract effective.Courts may consider it necessary

What are the essential elements of a written memorandum?

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

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

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

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

Implied terms usually result from

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