Exam 10: Writing and Interpretation

When a party fails to perform in compliance with an implied term,the courts would recognize its existence and enforce the contract as though it had been an express term.

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

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

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

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

As far as managing legal risks,what strategies can contracting parties adopt to reduce the risk of encountering disputes with respect to the interpretation of the contract?

Which of the following is NOT true?

When parties deal expressly with a matter in a contract,a court is not precluded from finding an implied term regarding that same matter.

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

The Statute of Frauds

A court will admit parol evidence about a missing term in relation to any of the following circumstances EXCEPT

An implied term is

A agrees to buy a share in B's invention for a certain sum on the condition that C first approves the invention.However,the written contract makes no reference to C's approval.C never gives his approval.B now sues A for the purchase price.In this situation

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.

Conditions precedent can be enforced if they are oral.

When dealing with the prohibition in the Statute of Frauds regarding oral contracts not to be performed in a year,which of the following is TRUE?

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 guarantee to be enforceable must be in writing; however,a promise of indemnity does not have to be in writing to be enforceable.

Which of the following is NOT true?

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