Business Law

Question 1

Capacity
3 points
Third point three subheadings

Answer 1

Point One: Refers to the ability a person has to enter a contract.
Point two: The law presumes a person within a contract has capacity and it is on them to prove they do not to get out of said contract.
Point 3: Three groups that may lack capacity:
1. Minors ex. Toronto Marlboro Major Junior ‘A’ Hockey Club v. Tonelli
2. Others with diminished capacity. i.e person mentally incompetent like elderly.
3. Corporations, reason: separate entity not able to think on its own.

Question 2

Example of Minor

• Example
• 2 Points

Answer 2

Example: Toronto Marlboro Major Junior ‘A’ Hockey Club v. Tonelli
Point 1: Contract has to be in minors best interests
Point 2: Demonstrates risk of entering in a contract with a minor

Question 3

What is the indoor management rule?
Example
2 Points

Answer 3

Example Re: Accura Wood Products Ltd (2014) the BC Supreme Court
Point 1: Has to be an agent or director of the corporation in order to bind a corporation to a contract.
Point 2: Supreme Court extending who rule applies to, BC incorporates office manager while Ontario does not yet.

Question 4

Restrictive Covenant?

4 Points

Answer 4

Point 1: A clause in a contract imposing a limit or restrictions on one of the parties of the agreements.
Point 2: Another type is clause in restraint in trade.
Point 3: Must establish restraint is reasonable.
Point 4: Another type is non competition clause

Question 5

Non Est Factum

1 Point

Answer 5

Point 1: Signed a contract under a mistaken belief about its nature and character.

Question 6

Misrepresentation
4 Points
4th point example

Answer 6

Point 1 : Material
Point 2: Rescinded
Point 3: Must be a statement of fact not opinion.
Point 4: Usual rule is silence does not amount to misrepresentation ex Ottawa v. Professional Fire Fighters

Question 7

Undue Influence

1 Point

Answer 7

Point 1: Mental domination to the point you rob the person of their free will.

Question 8

3 types of Misrepresentation

Answer 8

Point 1. Innocent - voidable
Point 2: Fradulent - voidable - tort of deceit.
Point 3: Negligent - voidable - tort of negligent misrepresentation

Question 9

What Contracts must be in writing?

1 Point 6 sub points

Answer 9

Point 1: According Statute of Fruades

1. Promise by executor or administrator to pay estate debts.
2. A promise to answer for a debt
3. marriage
4. Interest in land
5. agreement not performed within one year of its making.
6. rectification of debts incurred by a minor.

Question 10

What are three types of assignment in Canadian Law?

Answer 10

Point 1: Equitable assignment- because you want something assigned. Oral
Point 2: Common law assignment - unconditional complete in writing
Point 3 - assignment by law

Question 11

Quantum Merit?

Answer 11

fair amount is award to someone for what they have endured