ch.6 ( bia ) => application based

Question 1

Is the following situation an offer:

Doug verbally mentions to a client that he would be available to take her case.

Answer 1

No. That is an invitation to treat. He did not set prices, appointments or times. Doug is merely showing his interest in doing business with her.

Question 2

Is the following situation an offer:
Doug tells his potential client he is available to meet her on Monday, at 2:00 PM, and says the initial consultation will cost $200/hr. The client can text him back if he is available and still interested in having him as her Lawer.

Answer 2

Yes.

Question 3

Who is the offerer and who is offeree ?:

In a tender agreement where Doug’s Inc. wants to establish a contract with contractors.

Answer 3

Contract A:
1) Doug announces wants to contract
2) Contractors/Tenders bid their prices and terms
( Tenders offerer? )
Contract B:
exclusive to the tender chosen by Doug (offeree ?)

Question 4

What is the postal rule ?

Answer 4

The rule says that the offer is communicated at the time it has been sent and not received

Question 5

What is the execption of the postal rule ?

Answer 5

to avoid application of the postbox rule by making it clear in the offer that actual communication or notice of acceptance is absolutely required.

Question 6

What are the conditions that need to be met in order for a contract to be stablished ?

Answer 6

1. Agreement
2. Consideration
3. Intention
   4.

Question 7

UECA stands for

Answer 7

Uniform Eletronic Commerce Act (statue law)

Question 8

Is there a contract?

Dogs ask who wants an A+, everyone raises their hand.

Answer 8

No consideration, gratuidos promise

Question 9

What are the 3 rules to have consideration

Answer 9

1. Two-way street: Flows from one party to the other.
   Even if it is not directly
2. Sufficient ( value from a legal perspective )
   - love and affection does not count
   - adequacy does not count: “ We all make bad deals in business “. Even if the value is not adequate, is there value?
3. Consideration has to be present

Question 10

Dad and mom call you and say will leave everything of their will to you. In the end, they end up leaving half to your sister. Can you enforce their promise as a contract?

Answer 10

No that was a gracious promise because there is no consideration: love is not value

Question 11

Doug wants to build an allowance open an office at the Business building. The faculty starts incurring costs of the new office. Asks Doug for the money he “promised”. Is there a contract? Is he bound by the law to perform?

Answer 11

NO. No consideration, no contract established. If they agreed on building the office, and name after Doug. As Dougy’s Den.

Question 12

Doug goes to you and offers you a raise for doing the exact same job you currently do. 2 weeks later you ask about it, and he changed his mind. Was there a new contract?

Answer 12

No. Only would have a contract with there was new consideration. I.e: I will give you a raise if you take on this extra work.

Question 13

contract: Doug made a promise to sell the car for 10,000. He drops the car off at your house on Monday, but you did not pay him.
Is there a contract?
Is there consideration

Answer 13

Yes. There is a contract

Question 14

What happens when there is no consideration?

Answer 14

No contract is formed

Question 15

What is a covenant?

Answer 15

promise

Question 16

What happens when one party does not perform?

Answer 16

Breach of contract

Question 17

Are promises enforceable without consideration in BC?

Answer 17

Yes

Question 18

What is a pre-existing legal duty?

Answer 18

A legal obligation that a person already owes.

Question 19

Are promises enforceable without consideration in Ontario and other provinces?

Answer 19

No

Question 20

Promise under Seal needs consideration?

Answer 20

No, seal is seen as consideration

Question 21

Define and explain the purpose of promissory Estoppel? Or equitable estoppel? (STOP)

Answer 21

A doctrine whereby someone who relies on a gratuitous promise may be able to enforce it. Intent to be fair. A SHIELD NOT A SWORD. Stop promisor from taking back their gratis promise.

Question 22

What are the rules of promissory estoppel?

Answer 22

Party B has, by words or conduct, made a promise or an assurance to Party A that was intended to affect their legal relationship and to be acted on.
in reliance on the representation, Party A acted on it or in some way changed its position.60
Party A’s own conduct has been above reproach and, in this way, Party A is deserving of the court’s assistance.

Question 23

What is a partial payment of debt?

Answer 23

binding contract that once you accept a lesser amount you cannot sue for the whole amount

Question 24

Conditions for a

Answer 24

1. Already in a contract
2. Reasonable Reliance
3. Detriment

Question 25

I will win the lottery tonight, you dont have to pay rent. Does not pay rent, Doug sues for the rent

Answer 25

1. Already in a contract

2. Reasonable Reliance (NO)

Question 26

Conditions for promissory estoppel to be held.

Answer 26

1. Already in a contract
2. Reasonable Reliance
3. Detriment

Question 27

I will win the lottery tonight, you dont have to pay rent. Does not pay rent, Doug sues for the rent. Is this contract binding?

Answer 27

No

1. Already in a contract
2. Reasonable Reliance (NO)

Question 28

What is a binding contract?

Answer 28

A “binding contract” is any agreement that’s legally enforceable.

Question 29

Is marriage a contractual relationship?

Answer 29

No

Question 30

Partial Payment of debt

Answer 30

Agreeing.

Question 31

Usually, it is presumed that in the family scenario there is no intention to bind a contract. Is it reputable?

Answer 31

Yes selling cars between family members

Question 32

What is intention?

Answer 32

In the eyes of a reasonable person, was that person intended to get into a contract