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Exam 6: Forming Contractual Relationships

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Question 21

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Yesterday,Farrah offered to sell her car to Ravi for $3000.Today,she changed her mind and no longer wishes to sell the car,and has left a phone message for Ravi advising that the car is no longer for sale.Can Ravi still accept Farrah's offer?

A) No,because Farrah has changed her mind and cannot be forced to sell her car.
B) Yes,provided Ravi is unaware that Farrah has revoked her offer.
C) No,provided Farrah has left him a phone message before he communicated his acceptance.
D) Yes,because Farrah's revocation is ineffective unless it is communicated in writing.

E) C) and D)
F) B) and C)

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Question 22

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Why would members of a family experience an uphill battle in a common law court with respect to the enforcement of contractual obligations owed to one another?

A) The law presumes promises between family members are non-contractual.
B) The law presumes all promises between family members are gratuitous.
C) The family members' intention to contract must be subjectively tested.
D) The family members must understand the legal consequences of a promise.

E) B) and D)
F) None of the above

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Question 23

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In what ways are the use of seals and the doctrine of promissory estoppel similar?

On Tuesday,Jatelle offered to sell one of her racing motorcycles to Rofan for $8000.Rofan said he needed time to consider her offer.On Friday morning,Jatelle sent Rofan an e-mail message advising the offer was no longer open.Which of the following actions would allow Rofan to try to complete the purchase of her motorcycle?

Amanda has agreed to attend Rebecca's home and provide her with biology tutoring for three hours per week for a flat fee of $50.What is the legal term for Rebecca's promise to pay Amanda $50 each week?

Mariam offered to sell her horse to Shia for $5000,but Shia counter-offered with a price of $4500.Mariam rejected Shia's counter-offer.What is the effect of Shia's counter-offer on Mariam's original offer?

Madeline,a garment buyer,left Lance with her business card and a clear impression she was very interested in his line of fashion products.Which of the following is the element that would qualify Madeline's communication as an offer to treat?

Canada's new CASL law (anti-spamming legislation)makes it illegal to send an electronic commercial message without the prior actual or implied consent of the recipient.

Identify and briefly describe six ways that an offer can be terminated.

What is the difference between the communication of an invitation to treat and the communication of an offer to enter into a contract?

The postbox rule prohibits the formation of contracts through the mail.

The adequacy of consideration is not normally open to challenge.

Panda Industries agreed to supply 500 tons of steel rebar to ABC Builders for a price of $250 per ton.Shortly after the contract came into effect,the market price of rebar rose to $275 per ton.Fortunately,ABC Builders was agreeable to paying the hew higher price.Why might ABC Builder's promise to pay an additional $25 per ton be unenforceable?

Caroline agreed to purchase organic hemp fabric from an Ontario manufacturer.While making an inquiry to purchase organic dyes from a Manitoba producer,she learned they offered a superior organic hemp fabric at a much lower price than the Ontario manufacturer.Knowledge of what legal principle would immediately let Caroline know she made a costly error?

What key ingredient must be present in order to distinguish a legally enforceable promise from one that is legally unenforceable?

An option agreement is viewed by the courts as a gratuitous promise.

Where an agreement reached through offer and acceptance contains the phrase "this agreement is subject to formal contract," the agreement itself is unenforceable unless and until the formal contract comes into existence.

Explain the difference between offer and invitation to treat.Give an example of each.

Boyd wanted to buy a 1967 Mustang car and promised he would pay $10 000 to the first person who presented him with such a vehicle.Jai was the first individual to deliver such a car to Boyd.What form of contract exists between Boyd and Jai?

A cancer hospital asked its privately owned medical isotope source to arrange an earlier shipment of an urgent order.The private supplier confirmed an earlier shipment was possible for a 30 percent surcharge on the contractual price.Because the hospital's cancer patients needed the isotopes desperately,the hospital faxed a written acceptance of the varied terms.The hospital subsequently refused to pay the price increase.What would a New Brunswick court hearing the ensuing dispute be most likely to determine?