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

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What is the age of majority in your province?

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Contracts to commit a crime or a tort are void.

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Which one of the following categories of persons do not have their capacity to enter into contracts limited?

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Mr.Buyer,the plaintiff in the action,was attempting to enforce a contract in which the defendant,Mr.Seller agreed to sell to buyer his property,Blackacre,for $100 000.Which of the following,by itself,would be sufficient to allow Mr.Seller to get out of the contract?

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When will the court waive the requirement of writing?

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Even in commercial relationships,if the parties make it absolutely clear that they don't intend the arrangement to be legally binding on them,the agreement will not be enforceable in court.

(True/False)
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Discuss how some persons are incapacitated in contract law in various jurisdictions and the justification for such a treatment.

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In most jurisdictions,if the court classifies the nature of a third-party agreement as a guarantee,there is no requirement of writing.

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

(Multiple Choice)
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When a person is declared mentally incompetent by a court,who is appointed and for what purpose?

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Corporate bodies created by special legislation invariably lack capacity to enter into binding agreements.

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

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

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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.

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

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All contracts must be in writing to be enforceable.

(True/False)
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The court may hold that a contract is "void," "voidable," "unenforceable," or "illegal." Which of the following is true with regard to these terms and the court's use of them?

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What is an executed contract?

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Joe entered into a contract to sell his house to Sam for $200 000.Explain under what circumstances this contract would be binding on the parties even where it was not in writing or evidenced by writing.

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How do the courts determine whether a customer should have taken an exaggerated claim seriously?

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