Question 1

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

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Question 2

Discuss agreements that restrict competition or that are a restraint of trade and how they are treated in contract law.

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Question 3

"Contracts must be in writing to be enforceable." Discuss the accuracy of this statement.

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Question 4

"A verbal contract is every bit as binding as a written one." Discuss the validity of that statement.

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Question 5

Indicate the distinction between a guarantee and an indemnity.

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Question 6

"Where the Statute of Frauds applies and the requirement of writing is not met in an agreement between two parties,the contract is void." Discuss the validity of this statement.

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Question 7

All provincial and territorial governments have passed legislation to facilitate e-commerce by clarifying the status of electronic documents,contracts and signatures.

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All provincial and territorial governments in Canada have indeed passed legislation to facilitate e-commerce by clarifying the legal status of electronic documents, contracts, and signatures. This includes the Electronic Commerce Act and the Personal Information Protection and Electronic Documents Act (PIPEDA).

Question 8

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

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Question 9

Joe advertised his house for sale and Sam came to have a look at it.While there,they haggled and struck a bargain that Sam would purchase the house for $400,000.They shook hands on the deal and Sam went home.That night,while thinking about it,Sam realized that the house wasn't exactly what he wanted,and so the next day he wrote a letter to Joe stating,"I'm writing this note to let you know that I've changed my mind with respect to the purchase of your home for $400,000,and since the contract isn't valid in any case,I don't expect to hear any more of the matter.Sincerely,Sam." Joe sued Sam for breach of contract.Discuss the legal position of the parties,including any defences available to Sam.

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Question 10

Describe three situations in your jurisdiction where a contract must be evidenced in writing to be enforceable.

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Question 11

Discuss how some persons are incapacitated in contract law in various jurisdictions and the justification for such treatment.

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Question 12

"The purpose of contract law is to give effect to the reasonable expectations of the parties to a contract." Discuss this observation in terms of the five elements that are required for the creation of a legally binding contract.

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Question 13

Discuss the Statute of Frauds as it relates to contract law.In your answer,consider the justification of requiring some contracts to be evidenced in writing,and also how and why the Statute of Frauds has been modified or repealed in several jurisdictions.

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Question 14

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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Question 15

Describe how infants are treated in contract law in Canada.

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Question 16

Discuss the importance of putting contracts in writing,both from a legal perspective and from a practical business point of view.

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Question 17

Sam agreed to sell his house to Joe for $400,000,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.

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Question 18

A signature equivalent for electronic documents might be a password or some other form of encryption.

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A password or encryption can serve as a signature equivalent for electronic documents by verifying the identity of the sender and ensuring the authenticity and integrity of the document.

Question 19

Joe entered into a contract to sell his house to Sam for $400,000.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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Question 20

Which of the following statements correctly illustrates a legal signature for online commercial transactions?
A)Clicking an "I Reject" dialogue box.
B)Signing your name at the bottom of a standard form,and then not mailing it to the business.
C)Opening an online shopping basket and adding several items to the basket.
D)Attaching an electronic signature to an electronic document.
E)Attaching a signature on your computer screen.

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The Electronic Signatures in Global and National Commerce Act (ESIGN) recognizes electronic signatures as valid in commercial transactions, as long as the signature meets certain requirements. Attaching an electronic signature to an electronic document satisfies these requirements. A, B, C, and E do not meet the requirements for a legal electronic signature.

Quiz 7: The Elements of a Contract: Capacity, Legality, and Intention