Question 1

A product that contains a shrink-wrap licence typically bears a notice stating that opening the package constitutes agreement to the licence terms.

Accepted Answer

This is true. Shrink-wrap licences are commonly used in the software industry, and they require that the user agrees to the licence terms by opening the package.

Question 2

Contractual quantum meruit requires a customer to pay whatever the supplier chooses to charge or whatever the market will bear.

Accepted Answer

Contractual quantum meruit requires the supplier to charge a reasonable and fair price for the goods or services provided, based on the value of the work performed. It does not allow the supplier to charge whatever they choose or whatever the market will bear.

Question 3

The question of validity of browse-wrap agreements can be avoided entirely by requiring customers to take affirmative action to signify assent.

Accepted Answer

This is because in browse-wrap agreements, the assent of the customer is assumed simply by their use of the website or service. However, by requiring customers to take affirmative action (such as checking a box or clicking a button), there is no question of whether they have truly agreed to the terms of the agreement.

Question 4

Because a party is never successful in litigation where reliance is made on trade customs to imply a term into a contract,the more prudent course is to ensure that all important terms are explicitly recited.

Accepted Answer

The answer of Because a party is never successful in...

Question 5

The use of electronic communications creates difficulties in the application of contract law.Some jurisdictions have implemented legislation based on the recommendations of the Uniform Law Conference of Canada.Discuss.

Accepted Answer

The answer of The use of electronic communications creates difficulties...

Question 6

Identify and briefly explain the purchaser's recourse in circumstances where,under the terms of contract,a supplier has: 
( i)failed to deliver.
(ii)delivered goods that have a minor defect.
(iii)delivered seriously defective goods.

Accepted Answer

The answer of Identify and briefly explain the purchaser's recourse...

Question 7

A browse-wrap licence instructs the user to review the terms prior to assenting by clicking an "I accept" icon and the user typically cannot proceed any further without agreeing to the licence terms.

Accepted Answer

A browse-wrap license does not typically require the user to actively click an "I accept" button; instead, it implies acceptance by the use of the website, often with the terms accessible via a hyperlink. The description provided matches more closely with a click-wrap license.

Question 8

Identify and briefly explain the circumstances in which a court will imply a term where that term is alleged to have not been addressed in the contract as an express term.Identify and briefly describe the classic courtroom scenario that would be presented to a judge hearing such a case.Provide a brief explanation as to which party in the suit would bear the burden of proof.

Accepted Answer

The answer of Identify and briefly explain the circumstances in...

Question 9

Identify the terms that are required to be present in a commercial contract in order for it to be considered complete.Identify any additional clauses that could provide additional benefits through their inclusion.

Accepted Answer

The answer of Identify the terms that are required to...

Question 10

Identify four grounds used by the courts for introducing implied terms into contracts.Give an example of each.

Accepted Answer

The answer of Identify four grounds used by the courts...

Question 11

Identify and briefly describe the circumstances that are of particular importance to negotiators with respect to evaluating risks associated with increases in the cost of materials used to produce a product.Identify and briefly describe contractual terms that may be applied to reduce the risk of market price fluctuations.

Accepted Answer

The answer of Identify and briefly describe the circumstances that...

Question 12

Briefly explain what is meant by a standard form contract? Identify when these types of contracts are typically used and identify a situation where a court would likely disallow a term contained in a standard form contract.

Accepted Answer

The answer of Briefly explain what is meant by a...

Question 13

Identify and briefly describe the situations in which the court will disregard the parole evidence rule and consider evidence outside the contract.

Accepted Answer

The answer of Identify and briefly describe the situations in...

Question 14

Identify and briefly describe the conflicting consideration that arises from the common law rules of construction.Identify how this conflict arises and under what circumstances parties might find themselves facing such a dilemma.

Accepted Answer

The answer of Identify and briefly describe the conflicting consideration...

Question 15

Identify and briefly described how a situation involving delivery of an quantity of product exceeding the contracted amount would be resolved under the Sale of Goods Act.

Accepted Answer

The answer of Identify and briefly described how a situation...

Quiz 7: The Terms of a Contract