Pre Midterm Samples (Random) Answers

Pre Midterm Samples (Random) Answers - Commerce 393 Answer...

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Commerce 393 Answer Guide to Sample Questions Part I Does Biff have a contract with Muffy's? Muffy's made Biff an offer by mail which Biff received Feb. 9th. Biff accepted Muffy's proposal by mail on Mar. 10th. The postal acceptance rule applies because it was reasonable to accept by mail (the offer was by mail) and so acceptance was effective when sent (Mar. 10th). One might argue that in their letter Muffy's said the proposal had to be delivered, which would mean that acceptance was not effective till Mar. 13th, but it really makes no difference in this scenario. Did revocation precede acceptance? Revocation is effective when communicated to the offeree, even if communication is through a third party. Revocation was therefore effective on Mar. 14th, when Biff learned through his competitor about Muffy's contract with Skip. That was after acceptance. If Muffy's does not award the contract to Biff, they will be in breach of contract and will be liable for damages. Specific performance is not available as the contract involves personal service. This is not an accurate statement of law. In order to be enforceable contracts must generally have consideration or be signed under seal. Consideration is what a party gives up or agrees to give up in exchange for the promise of the other party. The case says that consideration need not flow to the promisor, as long as it flows to a third party at the promisor's request. In that case the Bank extended a loan to the husbandÀ s company in return for the wife signing the promissory note. That was found to be consideration on the part of the Bank. The non-discrimination provisions in s.15 of the Charter apply to all vulnerable groups including non-citizens, but the statement is not accurate because: The Charter only applies to government action. The non-discrimination provision is subject to s.1 © it only goes so far as can be demonstrably justified in a free and democratic society. The federal or provincial governments can override s. 15 by using their powers under s.33 of the Charter. Can Megan sue Alf for breach of contract? Under the Sale of Goods Act, there is an implied term that the goods should be free and
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clear of liens, unless the parties agree otherwise. A sale of a truck is a sale of goods, and Alf did not disclose that the truck was subject to a chattel mortgage, therefore Megan can sue Alf for breach of contract. She will be entitled to recover the amount she had to pay to the Humungous Bank to redeem the truck. The fact that Alf was unaware of the chattel mortgage was irrelevant. This is a breach of contract, and liability does not depend on fault. Alf could sue the previous owner, David, for breach of contract. The Sale of Goods Act applies to that transaction as well, and if David does not disclose the chattel mortgage to Alf, there is an implied term that Alf should acquire clear title. Alf should be able to recover from David the amount he had to pay Megan.
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