Exam 7: The Elements of a Contract: Capacity, Legality, and Intention

"Where the Statute of Frauds applies and the requirement of writing is not met in an agreement between two parties,the contract is void." Discuss the validity of this statement.

Kashif agreed to sell his acreage to his coworker,Melinda,for $400,000.Because the two worked together,they did not see the need to put the agreement in writing.Nonetheless,Kashif sent Melinda a note that referred to the essential terms of their agreement,to which Melinda replied acknowledging their deal.Without any other writing,can this contract be enforced? Explain.

Clem had wanted a piano for a long time.Although he was a minor,his mom gave him $300 and he took this with some savings and made a $500 down payment on a $3000 piano.The balance was to be paid over a three-year period.His mom signed the contract as a guarantor.Clem made the first three payments,but he damaged the piano trying to move it from the living room to his upstairs bedroom.He didn't have the money to get it fixed.He quit playing,lost interest,and quit making his payments.On these facts,which of the following is false?

Indicate under what circumstances parents are responsible for the contracts entered into by their children.

(Modify this question for your province.)Bill,a college graduate,rented office space under a two-year lease.He needed the space because he contracted with the provincial government to create a program to integrate the various inventories of different government agencies.Bill hired Janet and Fred as full-time programmers for one year.He bought three desks for cash.He bought several laser printers,for which his dad signed as a guarantor.He bought computers from a different seller under a conditional sales contract.Which of these contracts should be evidenced in writing to be enforceable?

Just what has to be in writing to satisfy the requirements of the Statute of Frauds?

Joe entered into a contract to sell his house to Sam for $400,000.Explain under what circumstances this contract would be binding on the parties even where it was not in writing or evidenced by writing.

Joe sold Harry his barbershop,but Harry wanted a commitment on Joe's part that he would not open up another barbershop in the area after he got the money.Explain how the parties could include a clause in their agreement to that end without it being void as a restraint of trade.

Requirements of a contract include capacity of the parties to contract,legality,and intention of the parties to be legally bound.Which of the following is false with regard to these elements?

When at war,what happens to contracts with residents of an enemy country if they are not detrimental to Canada?

If the relationship between the contracting parties is primarily commercial in nature,what do the courts presume?

All contracts must be in writing to be enforceable.

A void contract means that

Married women are no longer considered incapacitated in contract law.

Contracts that unduly restrict competition are void.

Discuss the importance of putting contracts in writing,both from a legal perspective and from a practical business point of view.

A guarantor promises that if the ________ fails to pay the debt,he will assume responsibility and pay it.

Lawer entered into a contract for the sale of his business,a barbershop,to Cutter.The contract provided that Lawer would not open up a similar business within 25 kilometres of the barbershop being sold.About two weeks after the sale,Cutter noticed a new barbershop opening across the street in brand-new facilities.When he learned that the owner of the new shop was the very Lawer who sold the business to him,he sued for breach of contract.Which of the following correctly indicates the legal position of the parties?

In which of the following situations would the contract relating to land not be enforceable?

All contracts to restrict competition are void.