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A Cancer Hospital Called the Privately Owned Medical Isotope Source

Question 40

Multiple Choice

A cancer hospital called the privately owned medical isotope source hoping to arrange earlier shipment of an urgent order.The private supplier confirmed earlier shipment was possible for a 30 percent surcharge on the contractual price.Due to the desperation of the cancer victims,the hospital faxed written acceptance of the varied terms.What would a New Brunswick court hearing the ensuing dispute arising from the hospital's subsequent refusal to pay the price increase be most likely to determine?


A) Contractual variation supported by pre-existing duties is enforceable.
B) Where there is consent to a gratuitous variation, it is enforceable.
C) Pressure that left no alternative renders the variation unenforceable.
D) Contractual variation unsupported by consideration is enforceable.

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