Reference no: EM133293303

Part 1

1. Distinguish between law and ethics. Do you think one has a bigger role in society to play than the other? Why and why not?

2. What kind of legal rights are protected under the Charter? Explain. How are they different from some rights protected by the Charter?

3. "One of the basic precepts in contract law is that any bargain struck must be fair to be enforceable." Explain the accuracy of that statement. Point our to the legal principles connected with this statement.

4. Discuss the development and importance of the principle of unconscionable contracts. In your answer compare unconscionability to insanity, duress, and undue influence.

5. Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

6. "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.

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

Part 2

Case Analysis Questions: For each of the following questions provide a brief fact sheet, legal issues, and analysis.

8. 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 defenses available to Sam.

9. Joe made an offer to sell his car to Harry, promising to keep the offer open for a week. However, he changed his mind, sold the car to someone else, and phoned Harry to inform him that he was withdrawing his offer because he had sold the car to someone else. Harry was angry and said that he wanted the car and was going to hold him to his promise to hold the offer open for a week. He sued for breach of contract. Will he win? Explain.

10. 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 favor 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 defense succeed? Why or why not? Explain your response.