Exam 4: Enforcing Contractual Obligations

Back in the days when people in Vancouver sold houses as houses and not for demolition, Mrs.Reid prepared her house for the market by contracting with Silversteps Ltd.to have her front steps replaced for the sum of $800.Warren, an employee of the company, worked for days framing the stairs and pouring the concrete.Unfortunately, he had done the framing wrong and, in addition, the concrete mix was faulty, so all of his efforts were in vain; the stairs were worthless.On these facts, which of the following is true?

Mr.Frank, a foreman supervising 43 employees, was asked by his secretary to sign a form requesting additional supplies needed on the factory floor.He was not careless when he examined the form, but his secretary had cleverly arranged the signature line so that instead of signing a request for supplies, he signed a cheque payable to his secretary.What plea, if any, would be used to defend against her action on the cheque?

The equitable remedy of rectification is granted by the courts in which of the following situations?

With respect to having the court set aside a contract on the basis of undue influence, which of the following is false?

When an anticipatory breach has taken place (i.e., where a person, before performance is due, states that he or she will not perform the contract):

Indicate what must be present in order for an assignment to qualify as a statutory assignment.

The court will not allow the careless party to escape responsibility when a shared mistake is the result of the negligence of one of the parties.

Which of the following is true with regard to tender of performance?

What is the importance of the distinction between a breach of warranty and a breach of condition?

What is an injunction?

Privity of contract applies in which of the following situations?

When it has been clearly established that one of the parties to the contract has been the victim of undue influence, that contract is void.

The victim of a breach cannot recover damages that he or she could have avoided if he or she had made a reasonable effort.

A woman sought to set aside a mortgage on the grounds of misrepresentation, undue influence, and non est factum.She had been persuaded to enter into that mortgage contract with a mortgage company by her doctor.Which of the following is true with regard to these challenges to the mortgage contract?

For a contract to be frustrated, performance must be impossible.

Where one party refuses to perform his contractual obligations, what is the risk that the second party runs if he continues to press the first party to perform?

Duress takes place when one person takes advantage of another's vulnerability because of a special relationship with that person.

Fraudulent misrepresentation is intentionally misleading another person into a contract.

Where one person transfers his or her rights to benefits under a contractual relationship to a third party, this is an example of ________.

Which of the following is false with regard to misrepresentation?