Question 1

A guarantee is

Accepted Answer

A)  a promise to add one's signature to a legal document. 
B)  a promise to pay only if the debtor defaults. 
C)  a promise to purchase goods. 
D)  a promise to enter into an agreement when a debtor defaults. 
E)  a promise to be primarily liable for the debt of a debtor. 
A)  a promise to add one's signature to a legal document. 
B)  a promise to pay only if the debtor defaults. 
C)  a promise to purchase goods. 
D)  a promise to enter into an agreement when a debtor defaults. 
E)  a promise to be primarily liable for the debt of a debtor. B

Question 2

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

Accepted Answer

A) True 
 B)False  True

Question 3

A written record of a contract may not satisfy the legal requirement of writing.

Accepted Answer

A) True 
 B)False  True

Question 4

If both the Sale of Goods Act and the Statute of Frauds apply to the same contract, then

Accepted Answer

A)  either or both can make the contract unenforceable. 
B)  the courts have an irreconcilable problem. 
C)  the Statute of Frauds takes precedence. 
D)  the effects cancel out each other. 
E)  neither can make the contract enforceable. 
A)  either or both can make the contract unenforceable. 
B)  the courts have an irreconcilable problem. 
C)  the Statute of Frauds takes precedence. 
D)  the effects cancel out each other. 
E)  neither can make the contract enforceable.

Question 5

An unenforceable contract is

Accepted Answer

A)  a contract that the plaintiff can enforce but the defendant cannot. 
B)  a void contract. 
C)  a contract that is voidable. 
D)  a contract that the defendant can enforce but the plaintiff cannot. 
E)  a contract that exists for other purposes, but neither party can obtain a remedy under the contract. 
A)  a contract that the plaintiff can enforce but the defendant cannot. 
B)  a void contract. 
C)  a contract that is voidable. 
D)  a contract that the defendant can enforce but the plaintiff cannot. 
E)  a contract that exists for other purposes, but neither party can obtain a remedy under the contract.

Question 6

The form of contract includes the following

Accepted Answer

A)  contracts whose terms are entirely oral. 
B)  contracts whose terms are entirely in writing in one document. 
C)  contracts whose terms are entirely in writing in several documents. 
D)  contracts whose terms are both oral and in writing. 
E)  all of the above 
A)  contracts whose terms are entirely oral. 
B)  contracts whose terms are entirely in writing in one document. 
C)  contracts whose terms are entirely in writing in several documents. 
D)  contracts whose terms are both oral and in writing. 
E)  all of the above

Question 7

Which of the following is not true regarding the requirements for a written contract under the Statute of Frauds?

Accepted Answer

A)  The contract must identify the parties. 
B)  Consideration to be given for it must be included. 
C)  There must be a meeting between the parties before the contract is signed. 
D)  All essential terms must be included. 
E)  The written contract must be signed by the defendant. 
A)  The contract must identify the parties. 
B)  Consideration to be given for it must be included. 
C)  There must be a meeting between the parties before the contract is signed. 
D)  All essential terms must be included. 
E)  The written contract must be signed by the defendant.

Question 8

The effect of the Statute of Frauds is to

Accepted Answer

A)  preclude all fraudulent contracts. 
B)  render certain types of contracts unenforceable because of fraud. 
C)  render certain types of contracts unenforceable unless they are in writing. 
D)  render all contracts that are not in writing void for fraud. 
E)  guarantee all contracts that are in writing. 
A)  preclude all fraudulent contracts. 
B)  render certain types of contracts unenforceable because of fraud. 
C)  render certain types of contracts unenforceable unless they are in writing. 
D)  render all contracts that are not in writing void for fraud. 
E)  guarantee all contracts that are in writing.

Question 9

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

Accepted Answer

The Statute of Frauds applies

Question 10

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

Accepted Answer

A)  to speak to the parties. 
B)  read the contract. 
C)  to determine the liberal meaning of the words. 
D)  to determine what exactly the parties agreed to. 
E)  to determine the dictionary meaning of the provisions. 
A)  to speak to the parties. 
B)  read the contract. 
C)  to determine the liberal meaning of the words. 
D)  to determine what exactly the parties agreed to. 
E)  to determine the dictionary meaning of the provisions.

Question 11

Which of the following statements is true in respect of the Statute of Frauds?

Accepted Answer

A)  it applies to all construction contracts 
B)  it is in effect in all Canadian provinces 
C)  it is in effect in most Canadian provinces 
D)  it is in effect in all common law jurisdictions 
E)  B and D are true 
A)  it applies to all construction contracts 
B)  it is in effect in all Canadian provinces 
C)  it is in effect in most Canadian provinces 
D)  it is in effect in all common law jurisdictions 
E)  B and D are true

Question 12

The Statute of Frauds requires that contracts with minors must be in writing.

Accepted Answer

A) True 
 B)False

Question 13

What is the Statute of Frauds?

Accepted Answer

The Statute of Frauds is a law, enacted

Question 14

What is the doctrine of part performance?

Accepted Answer

The doctrine of part performance is the

Question 15

An unenforceable contract under the Statute of Frauds is not a void contract. Explain.

Accepted Answer

Where the Statute of Frauds applies, cer

Question 16

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

Accepted Answer

A)  a defendant who partly performs an oral contract is entitled to enforce the oral contract. 
B)  a plaintiff who partly performs an oral contract is entitled to rely on such performance as evidence of the contract. 
C)  if a plaintiff can show that he has partly performed an oral contract concerning land in reliance on the contract, the court will accept the part performance as evidence of the contract in place of the written contract. 
D)  if a plaintiff can show that he has performed part of any oral contract, the court will accept such part performance as evidence of the contract in place of the written contract. 
E)  if the plaintiff can show that it has partly performed a contract, then the defendant will have to pay for the portion of the contract performed. 
A)  a defendant who partly performs an oral contract is entitled to enforce the oral contract. 
B)  a plaintiff who partly performs an oral contract is entitled to rely on such performance as evidence of the contract. 
C)  if a plaintiff can show that he has partly performed an oral contract concerning land in reliance on the contract, the court will accept the part performance as evidence of the contract in place of the written contract. 
D)  if a plaintiff can show that he has performed part of any oral contract, the court will accept such part performance as evidence of the contract in place of the written contract. 
E)  if the plaintiff can show that it has partly performed a contract, then the defendant will have to pay for the portion of the contract performed.

Question 17

A contract that is unenforceable under the Statute of Frauds is not a void contract. Explain.

Accepted Answer

Where the Statute of Frauds applies, cer

Question 18

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

Accepted Answer

A promise of guarantee is a promise give

Question 19

The substance of a contract may have a variety of

Accepted Answer

A)  parties. 
B)  forms. 
C)  statutes. 
D)  attributes. 
E)  beneficiaries. 
A)  parties. 
B)  forms. 
C)  statutes. 
D)  attributes. 
E)  beneficiaries.

Question 20

Acceptance under the Sale of Goods Act means

Accepted Answer

A)  conduct by the buyer to accept the offer made by the seller. 
B)  accepting the goods. 
C)  any conduct by the buyer in relation to the goods that amounts to a recognition of the existence of a contract. 
D)  an unconditional willingness to enter into an agreement with the seller on terms specified. 
E)  accepting the terms of the contract of sale. 
A)  conduct by the buyer to accept the offer made by the seller. 
B)  accepting the goods. 
C)  any conduct by the buyer in relation to the goods that amounts to a recognition of the existence of a contract. 
D)  an unconditional willingness to enter into an agreement with the seller on terms specified. 
E)  accepting the terms of the contract of sale.

Exam 10: The Requirement of Writing

A guarantee is

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

A written record of a contract may not satisfy the legal requirement of writing.

If both the Sale of Goods Act and the Statute of Frauds apply to the same contract, then

An unenforceable contract is

The form of contract includes the following

Which of the following is not true regarding the requirements for a written contract under the Statute of Frauds?

The effect of the Statute of Frauds is to

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

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

Which of the following statements is true in respect of the Statute of Frauds?

The Statute of Frauds requires that contracts with minors must be in writing.

What is the Statute of Frauds?

What is the doctrine of part performance?

An unenforceable contract under the Statute of Frauds is not a void contract. Explain.

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

A contract that is unenforceable under the Statute of Frauds is not a void contract. Explain.

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

The substance of a contract may have a variety of

Acceptance under the Sale of Goods Act means

Law and Society

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

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

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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