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When dealing with the prohibition in the Statute of Frauds regarding oral contracts not to be performed in a year,which of the following is TRUE?


A) An oral contract that is for an indefinite period,but could be performed within a year,is not prohibited by the Statute.
B) An oral contract that is to be performed over a period of one year,commencing the day after the formation of the contract,is not prohibited by the Statute.
C) An oral contract that is to be performed over a period of one year,but commences two days after the conclusion of the contract,is prohibited by the Statute.
D) An oral contract that provides for a specific period for performance of more than a year,but also confers a power of determination that may be exercised within the year,is prohibited by the Statute.
E) all of the above

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A court will sometimes recognize the existence of an implied term from customs in a particular trade or transaction.

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One Ontario Consumer Protection Act provision prohibits a motor vehicle repairer from charging for work unless an estimate meeting the prescribed requirements has been given or waived.

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As far as managing legal risks,what strategies can contracting parties adopt to reduce the risk of encountering disputes with respect to the interpretation of the contract?

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The parties should take care in preparin...

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A agrees to buy a share in B's invention for a certain sum on the condition that C first approves the invention.However,the written contract makes no reference to C's approval.C never gives his approval.B now sues A for the purchase price.In this situation


A) whether or not C gives his approval is not relevant to the main contract between A and B.
B) C's approval is a condition precedent that must be met before there is a contract between A and B
C) the parol evidence rule applies to exclude the condition of C's approval.
D) C's approval would be a warrantee used to overcome the parol evidence rule.
E) A cannot rely on C's approval as a condition to the contract with B,because C is not a party to the contract.

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A makes a contract under which B Company is to repair and repaint A's pier.Under the contract,A has the right to specify the materials to be used.B Company induces A to specify the use of a particular paint that it made,giving A assurances of its quality.The paint is supplied by B Company,but it is found to be unsuitable,and A has to spend $40 000.00 to correct the matter.In a lawsuit by A against B


A) the court will find that the inducement of the quality of paint was a collateral contract that formed the consideration for the main contract to repair and repaint A's pier.
B) the court will find that B Company's inducement of the quality of the paint was a mere invitation to treat and nothing more.
C) the court will be unable to get around the parol evidence rule and A will lose her or his law suit.
D) the court will find that A should have ensured that the inducement of the quality of the paint was put into the written contract.
E) the court will find that B Company's assurances about the quality of the paint is a condition precedent to the contract.

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When parties deal expressly with a matter in a contract,a court is not precluded from finding an implied term regarding that same matter.

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An oral contract determined to be unenforceable pursuant to the Statute of Frauds is void.

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Consumer protection statutes address the form and content of consumer contracts relating to goods only.

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Mary tells John,"I shall pay the debt my sister owes you." This statement is a promise of guarantee.

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Conditions precedent can be enforced if they are oral.

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In respect of a contract to which the Statute of Frauds applies,which of the following is NOT true?


A) Both parties must sign the contract.
B) The essential elements of the contract must be in writing.
C) The defendant must sign the contract.
D) The contract must be under seal.
E) Both A and D are not true.

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An implied term is


A) a term that the court will ask the jury to consider implying in the contract.
B) a term that the promisor intended to include in the contract.
C) an express term that is removed from the contract.
D) a term that the parties advise the court can be implied into the contract.
E) a term that is not included in the contract but which the parties,as reasonable persons,would have included had they thought about it.

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When a party fails to perform in compliance with an implied term,the courts would recognize its existence and enforce the contract as though it had been an express term.

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A guarantee to be enforceable must be in writing; however,a promise of indemnity does not have to be in writing to be enforceable.

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Which of the following is NOT true?


A) The parol evidence rule does not affect the interpretation of express words already in a contract.
B) The parol evidence rule does not prevent evidence of oral contracts entered into after the written contract.
C) The parol evidence rule permits evidence of oral contracts entered into after the parties entered the written contract.
D) The parol evidence rule excludes evidence of oral contracts entered into after the parties entered into a written contract.
E) The parol evidence rule excludes terms that were discussed before entering into a contract but were not included in the contract.

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A and B have just signed a written agreement for the purchase by A of B's house.During the negotiations,A made it clear to B that his purchase was conditional on A conducting a building inspection of house within five days of the date of the agreement,which was satisfactory to A.However,this condition is NOT included in the agreement.In this situation


A) evidence of the building inspection would be admissible because it is a collateral agreement,the consideration for which is the agreement of purchase and sale.
B) evidence of the building inspection would not be admissible because,since this is an agreement for land,the Statute of Frauds applies to bar evidence of the building inspection.
C) evidence of the building inspection cannot be given because of the parol evidence rule.
D) evidence of the building inspection would be admissible because it is a subsequent agreement.
E) evidence of the building inspection would be admissible because it is a condition precedent to the agreement of purchase and sale.

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The Statute of Frauds


A) requires that contracts with minors be in writing.
B) prevents contracts with minors.
C) renders unenforceable certain types of contracts unless they are in writing.
D) is an English law that does not apply in Canada.
E) renders unenforceable contracts with minors.

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A court will admit parol evidence about a missing term in relation to any of the following circumstances EXCEPT


A) the written agreement does not contain the whole agreement.
B) the written agreement is unambiguous.
C) the missing term is part of a subsequent oral agreement.
D) the missing term is part of a collateral agreement.
E) the missing term is a condition precedent to the written agreement.

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Which of the following is NOT true?


A) The parol evidence rule does not affect the interpretation of express terms already in a contract.
B) Implied terms usually result from long-established customs.
C) When parties deal expressly with a matter in a contract,a court is not precluded from finding an implied term on the same matter.
D) The parol evidence rule does not exclude evidence of an oral agreement that the parties may each after they have entered into the written agreement.
E) The courts will admit evidence of an oral understanding about a condition precedent even when the written contract specifies that the rights of the parties are governed exclusively by the written contract.

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