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

When at war,what happens to contracts with residents of an enemy country if they are detrimental to Canada?

In British Columbia,which of the following is correct with respect to the law of infants?

Sam agreed to sell his house to Joe for $200 000,and although the agreement was not in writing,Joe gave Sam $25 000 as a deposit.Sam gave Joe a receipt for the $25 000,indicating that it had been received but not stating for what purpose.In the absence of any other writing,is this contract enforceable? Explain.

An insane person can escape a contract on the basis of incapacity only if the other person knew or ought to have known of the insanity.

A provision in a contract for the sale and purchase of a business read as follows: "The vendor (Jones)shall not,directly or indirectly,in any capacity whatsoever,carry on a similar business in any location for one year." Six months later,Kates found that Jones was competing directly by opening up a similar business,contrary to the contract drafted by Kates.Kates sued Jones for breach of contract,namely,breach of the restrictive covenant.Which of the following best describes the legal position of the parties?

Which of the following are in no way incapacitated when entering into contracts?

Describe how infants are treated in contract law in Canada.

Negotiations between Dave and Mary resulted in the following agreement: Dave would sell his property to Mary for the sum of $150 000,closing date to be August 10,2011.When the two completed their discussion,Mary paid Dave $5000 as part payment of the purchase price and received a receipt.The contract was not in writing.On August 10,Mary tendered the remainder of the money,but Dave refused to convey the property.Mary sued Dave for breach of contract.On these facts which of the following is true? (Assume all facts can be proved.)

The creation of a joint tenancy in land must be evidenced in writing.

What is the term for a written commitment whereby a person agrees to pay a debt if the debtor does not?

Distinguish between an infant's liability for torts and for contracts.

Which of the following types of contracts would not be considered illegal?

In which of the following situations would there be an enforceable contract despite the lack of a written contract?

A provision in a contract for the sale and purchase of a business read as follows: "The vendor (Jones)shall not,directly or indirectly,in any capacity whatsoever,carry on a similar business in any location for one year." Six months later,Kates found that Jones was competing directly by opening up a similar business,contrary to the contract drafted by Kates.Kates sued Jones for breach of contract,namely,breach of the restrictive covenant.Which of the following best describes the legal position of the parties?

Contracts may be in writing,they may be under seal,they may simply be verbal,but they may not be implied from the conduct of the parties.

Which one of the following is required to be evidenced in writing under the Statute of Frauds or its equivalent?

All contracts to restrict competition are void.

In Royal Bank of Canada v.Holoboff,the Bank sued Holoboff,a minor,who had sold his client card and personal identification number (PIN)to a third party who defrauded the bank.What was the result?

Which of the following statements is correct with respect to the legality of contracts?

Provide an example of something that would constitute acceptable part performance when land has been sold.