Pre Midterm Samples (Random) Answers

Megan will have no cause of action against alf if

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recover from David the amount he had to pay Megan. Megan will have no cause of action against Alf. If Megan were 18 at the time the contract was made, she would have been an infant under B.C. law. According to B.C. law, a contract made with an infant is unenforceable against the infant, but enforceable by the infant against the adult. The fact that Mega was 18 at the time the contract was made will not affect her rights, because Alf was presumably and adult, and so she can enforce the contract against him. Will Tuna be able to evict Ann's because Ann's did not give notice according to the terms of its lease? Where one party lulls the other into a false sense of security that strict legal rights will not be enforced, the law does not allow the party to suddenly take the other by surprise. That is the doctrine of promissory estoppel. It can be used as a defence, but not as the basis for a claim. By entering into communications regarding larger space, it would be reasonable for Ann's to think that there was no immediate necessity to give notice of its intention to renew. If Tuna had intended to insist on timely notice, it could always have reminded Ann's. It is unlikely that Tuna would be able to rely on Anns' forgetting to give notice as a ground for evicting Ann's. Does Ann's have an enforceable right of renewal? The essential terms of a contract must have been agreed to, or there is no contract to be enforced. While the Courts favour enforcing contracts, they will not make a contract for the parties. Tuna would have good grounds to say that Ann's does not have an enforceable right of renewal; it is just an agreement to agree because no renewal rent is set. If the parties do not agree, then there is no right of renewal. Does Fast have a contract with Gregor?
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The basis of a contract is offer and acceptance. Fast made an offer to Gregor on October 1st. Gregor counter©offered by letter of October 5th, which was received on October 8th. On October 10th, Fast sent a letter to Gregor accepting the terms in Gregor's letter of October 5th. Did the offer terminate prior to revocation? Revocation is effective when communicated. Revocation was communicated to Fast by gregor in their telephone conversation of October 14th. When it is reasonable to accept by mail, acceptance is effective when sent, rather than when received. Here it was reasonable to accept by mail, because previous communications had been by mail. Acceptance occurred on October 10th, before revocation on October 14th, and so there is a contract between Gregor and fast. Is there a contract between Gregor and Quality? Gregor counter©offered to Quality on October 5th; Quality accepted by telephone on October 14th. There is therefore a contract between Gregor and Quality.
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  • Spring '10
  • elaine
  • Gregor counter©offered

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