16.Compare and contrast condition precedent and condition subsequent.

17.Compare and contrast condition and warranty in the context of breach of contract.

18.Compare and contrast the remedies of injunction and specific performance.

19.List three of the methods by which an offer may be terminated.

Please answer questions 20, 21 and 22 in the booklet provided.Marks are as indicated.

20.You have recently entered into a written contract to purchase a home.It is the home of your dreams and is perfect for you.It also has plenty of room for a home office, which was part of the reason that you purchased it.Three weeks before the date of purchase (the date when the purchase would be complete) the vendor calls you and advises you that he/she has changed his/her mind and is not going to sell the house to you.Fortunately, you live in an apartment and can arrange to stay there for the time being.

(10 marks in total)

(a)Do you have a claim against the vendor and why? (2 marks)

(b)Identify and describe 2 remedies, in common law and/or in equity, that are available to you against the vendor of the house. (4 marks)

(c)Which is the most appropriate remedy in these circumstances, and why? (2 marks)

(d)Do you have to wait until the date scheduled for completion to begin your action?If so, why; and if not, why not? (2 marks)

21.You have been delivering office supplies to Ace Manufacturing Inc. for a number of years.The supplies are delivered on a weekly basis and then a purchase order is sent to Ace.They have always paid in the past within three to four weeks, but the last delivery, totalling $5,000, they did not pay for.It has now been 45 days since the delivery was made.You have taken the position that payment was due no later than 30 days after delivery.Ace has taken the position that the payment is not late, as the contract between you is silent as to payment time.A lawsuit has been started, and the judge will have to interpret the contract between your company and Ace.

In connection with the foregoing, please answer the following questions (8 marks total):

(a)List and describe three methods (doctrines) that the judge can use to determine whether to imply terms into a contract (do not use statutes) (6 marks).

(b)Which one would the judge probably use in the circumstances and why? (2 marks)

22.Hardy Construction Ltd contractually agreed to build an office complex for Schtick Corp. for $5.5 million.Under the terms of that contract, Hardy Construction would incur a financial penalty if it failed to complete the project on schedule. Hardy Construction hired Laurel Electric Co as a subcontractor to install wiring in the building. The terms of that subcontract required payment of $50 000 on completion. Laurel Electric began work immediately but later discovered that it had honestly underestimated the cost of performance. Accordingly, it approached Hardy Construction and stated that unless it was promised an additional $20 000, it simply would not be able to complete the job. Hardy Construction realized (i) that it could not possibly find a replacement for Laurel Electric on such short notice, and (ii) that any delay in completion of the project would trigger the penalty provision contained in its contract with Schtick Corp. Hardy Construction consequently agreed to Laurel Electric's request. Nevertheless, although Laurel Electric subsequently completed its performance on schedule, Hardy Construction refuses to pay more than $50 000.

(a)Does it have a right to do so in law?Explain your answer fully.Consider the elements of a contract for each of the relevant contracts.(18 marks)

(b)Regardless of its legal position, why might Hardy Construction consider honouring its promise to pay an extra $20 000?(2 marks)