Reference no: EM133471832

Questions

Chapter 1

1. Why have certain societies chosen to organize their legal rules in the form of a comprehensive written code?

2. If the Charter does not apply to contracts between private individuals, why must we learn about it in a book about contracts and torts?

3. List at least three reasons that have led individual branches of contract or tort law to be codified into statute form.

4. How do common law case decisions influence statute law?

5. Why is the common law different in various common law jurisdictions-for example, why does the Canadian common law differ in some ways from the British common law?

6. What factors does the Crown typically consider when deciding whether or not to charge and prosecute an offence?

7. What factors does a plaintiff typically consider when deciding whether or not to sue in tort over harm suffered?

8. Why do certain statutes seek to impose limits on freedom of contract?

Chapter 2

1. What is a contract?

2. What is the difference between a contract and an agreement?

3. What main features must a contract have to be binding?

4. What does it mean for the parties to an agreement to be ad idem?

5. What is the difference between a subjective and an objective approach to legal interpretation?

6. Explain what is meant by the term "valuable consideration."

7. Why do we limit the contractual rights of minors and persons who have certain types of mental disabilities?

8. Give an example of a formality requirement in contract law, and explain its purpose.

Chapter 3

1. How do the courts determine whether the parties to an agreement intended to create a legal relationship?

2. When does an offer lapse?

3. How may an acceptance be communicated? When does silence constitute acceptance?

4. What distinguishes a counteroffer from an inquiry?

5. How may an offer be revoked, and when is such revocation effective?

6. "The courts are not concerned with the adequacy of consideration." What does this mean? Give an exception to this statement.

7. Under what conditions will a court enforce a gratuitous promise?

8. Explain the differences among past, present, and future consideration.

9. What conditions must be present for the courts to enforce a claim of quantum meruit?

Chapter 4

1. What is the difference between a contract that has an unlawful purpose and a contract that is illegal?

2. Describe two instances where a contract would be void for violating a statute.

3. Describe two instances where a contract would be void for violating public policy.

4. What is a restrictive covenant?

5. What are the formality requirements for a contract that is a deed?

6. Is it a good idea to have a signed contract witnessed? Why or why not?

7. What does the phrase "inequality of bargaining power" mean?

Chapter 5

1. In what circumstances can a minor's contract be repudiated if it is not for necessaries and not an employment contract?

2. What are the consequences of repudiating a minor's contract?

Chapter 6

1. Why is distinguishing among representations, conditions, and terms important?

2. What is the parol evidence rule, and what is its purpose?

3. In what circumstances can oral and other written evidence be used to interpret a written contract?

4. What is the effect of rectification on an agreement?

5. In what circumstances can a party to a contract successfully obtain the remedy of rectification?

6. Why is fundamental breach no longer the basis for barring the application of an exclusion clause? What has replaced it?

7. When might a court intervene with respect to the application of a penalty clause?

8. What sorts of events give rise to a frustrated contract? What sorts of events will not give rise to a frustrated contract?

9. Describe the theory of implied term and the theory of construction of a contract as they are used in frustration of contract cases. Which approach are courts likely to use now, and why?

10. What were the shortcomings of the common law in granting remedies in frustration cases?

Chapter 7

1. Explain the doctrine of privity of contract. What is the rationale for its existence?

2. What are the requirements of novation? 3. Describe the difference between a novation and an assignment of a contract.

4. Under what circumstances do assignments occur as an operation of law?

5. What is a setoff, and when may it be used?

6. In what ways can a contract be discharged? What is the effect of discharging a contract?

7. For what reasons might a party legitimately refuse to accept tender of performance?

8. If a creditor refuses to accept tender of payment, is the debtor freed from the obligation to pay? Explain. What might be the effect of a creditor's refusing tender of payment?

9. Define a "waiver." What is the consideration for a waiver? What should you do in a case where there is no consideration for a waiver?

10. Define "condition subsequent."

Chapter 8

1. How does an innocent misrepresentation differ from a negligent misrepresentation?

2. What determines whether a misrepresentation is material?

3. Can an omission be a misrepresentation? If so, in what circumstances?

4. In what circumstances can duress be used to rescind a contract?

5. How does undue influence differ from duress in terms of circumstances where it can be used, and in terms of remedies?

6. How does unconscionability differ from duress and undue influence?

7. Why are courts reluctant to terminate or rectify a contract when a party claims that there was a mistake?

8. If one party makes a mistake about the subject matter of the contract, and the mistake is not central or material, should a remedy be granted to the mistaken party? Why or why not?

9. Describe the role of the law of equity in dealing with cases of mistake.

10. What are the consequences if a party makes a mistake in the identity of the subject matter of a contract? How are the consequences different from those where the mistake is about the quality of the subject matter? Is the distinction meaningful? Why or why not?

7. Why are courts reluctant to terminate or rectify a contract when a party claims that there was a mistake?

8. If one party makes a mistake about the subject matter of the contract, and the mistake is not central or material, should a remedy be granted to the mistaken party? Why or why not?

9. Describe the role of the law of equity in dealing with cases of mistake.

10. What are the consequences if a party makes a mistake in the identity of the subject matter of a contract? How are the consequences different from those where the mistake is about the quality of the subject matter? Is the distinction meaningful? Why or why not?

Chapter 9

1. What is the most common form of repudiation of a contract?

2. What options are available to the innocent party in the event of anticipatory breach?

3. Explain the difference between breach of a condition and breach of a warranty.

4. Explain the difference between breach of a condition and fundamental breach.

5. What is the purpose of damages?

6. Compare a clause that provides for liquidated damages and one that is a penalty clause. How do they differ?

7. What is the test for determining the remoteness of consequential damages?

8. What is the purpose of rescission? 9. With what conditions must a party comply to claim an equitable remedy?

10. What conditions must be present for the courts to enforce a claim for quantum meruit?

Chapter 11

1. a. Is there a tort of invasion of privacy in Canada? Explain.

b. If you answered "no" to question (a), how might a Canadian plaintiff obtain legal redress for an alleged invasion of privacy?

2. a. What is meant by the suggestion that courts have been conservative in applying the doctrine of intentional infliction of mental suffering?

b. What is the rationale for restricting the availability of recovery on the basis of intentional infliction of mental suffering?

3. Compare and contrast the torts of slander of goods and passing-off.

4. If the facts of a scenario may support either slander or libel, why might a plaintiff choose to frame his claim in libel?

5. Explain why there is a presumption of damages in the case of intentional torts, even where the harm done to the plaintiff is trifling or cannot be measured.

6. What evidence must be included in a pleading based on the tort of assault?

7. Why is the tort of malicious prosecution a rare one?

8. Define the tort of nuisance and identify some of the criteria that must be met for a nuisance to be actionable.

9. Identify the two forms of trespass to chattels and explain the difference between them.