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Unformatted text preview: ments are available to Joe and the likelihood of him obtaining his car back. 3. The facts of a case heard by the Supreme Court of Canada are as follows: Mr. and Mrs. H were induced to sign a mortgage in favour of M.C.R. Ltd. by Johnston, a man living with their daughter. Johnston led them to believe that the document was an unimportant amendment to an existing mortgage when, in reality, it was a second substantial mortgage on their home. Neither read the document nor questioned it. When the payments were in arrears, the mortgagee took an action for foreclosure (to take their home). Mr. and Mrs. H. pleaded non est factum. Would this defence succeed? If so, why; if not, why not? 4. Indicate what must be present in order for an assignment to qualify as a statutory assignment. TRU Open Learning ADMN 390: Assignment 2 Your Name: 6 of 7 ESSAY QUESTIONS 1. ʺThe purpose of contract law is to give effect to the reasonable expectations of the parties to a contract.ʺ Discuss this observation in terms of the five elements that are required for the creation of a legally binding contract. (20 marks) 2. Using practical exam...
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- Winter '07