Answered step by step
Verified Expert Solution
Link Copied!

Question

...
1 Approved Answer

1.Collin asks David, his brother, to start his truck each morning while he is away in Japan sourcing another truck and some parts. David is

1.Collin asks David, his brother, to start his truck each morning while he is away in Japan sourcing another truck and some parts. David is also to wash the truck everyday. Collin tellsDavid that he will compensate him when he gets back. Collin returns from Japan but refusesto pay David the money promised. a. There is past consideration and intention to create legal relations. b. The is consideration but no intention to create legal relations. .There is past consideration and no intention to create legal relations

2.Terry is Norman's tenant. Terry undertakes repairs of his apartment: fixing the windows, and painting the verandah. Terry later send Norman a bill for $50,000. Norman writes IOU on the bill and gives it back to Terry. Norman then refuses to pay the $50,000, telling Terry that Norman's lawyer advises him that he is not liable for past consideration. Terry and Norman share a domestic relationship, therefore Norman is under no obligation to pay Terry the $50,000

Select one:

O True

O False

3.Terry is Norman's tenant. Terry undertakes repairs of his apartment: fixing the windows, and painting the verandah. Terry later send Norman a bill for $50,000. Norman writes IOU on the bill and gives it back to Terry. Norman then refuses to pay the $50,000, telling Terry that Norman's lawyer advises him that he is not liable for past consideration.

a. Terry and Norman share an existing contractual relationship, therefore Norman has

to pay Terry his $50,000

b. Consideration is past, and there is no way that Terry can get back the $50,000 under

the 'contract'

c. There is no such thing as past consideration. Terry can claim for his $50,000

4. Which of the following is true -

a. Any law which is in direct conflict with the constitution is deemed null and void and unconstitutional

b. Any law in contravention with case law is deemed null and void

c. Any decision made by a judge has to be appealed in order for it to become law

5.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Advise Sarah whether or not, in these circumstances, any legally enforceable contracts have

been concluded, as it relates to Devin.

a. There was a unilateral offer by Sarah to the world, but Devin cannot accept the offer

because he did not perform the terms of the offer

b. There is no relationship between Sarah and Devin because their relationship ended.

Therefore, the presumption that there is no intention to create legal relations does

not apply, and Devin can enforce the contract.

c. Devin, being Sarah's ex-husband, lends to the presumption that there is no intention

to create legal relations. Therefore, Sarah does not have to pay Devin for him to go

to the Supermarket.

6.There are many sources of law but the decisions of the Judges in relation to a matter are the most important sources to consider. Select one:

True

False

7.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Advise Sarah whether or not, in these circumstances, any legally enforceable contracts have

been concluded as it relates to Anil.

a. Sarah made a unilateral offer, therefore anyone who complies with the terms of the

offer is entitled to the $1,500

b. Sarah wants a task done, and it does not matter who does the task, once it is

completed, therefore Anil is entitled to his $1,500.

c. There is no contract because Anil is Sarah's husband and there is the presumption that there is no intention to create legal relations in domestic agreements.

8.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua-

8. her gardener whom she only knows as "Manoj"

Joshua cannot enforce the contract against Sarah.

Select one:

True

False

9.Collin asks David, his brother, to start his truck each morning while he is away in Japan sourcing another truck and some parts. David is also to wash the truck everyday. Collin tells David that he will compensate him when he gets back. Collin returns from Japan but refuses to pay David the money promised.

a. Consideration is past, Collin does not have to pay David.

b. Were it not for Collin making the deal with David to look after his truck in exchange

for compensation, David would not have done the work, and is therefore entitled to

compensation.

c. There was no fixed amount that was agreed between the brothers as to how much

money Collin will pay David so there can be no contract.

10.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Advise Sarah whether or not, in these circumstances, any legally enforceable contracts have

been concluded, as it relates to AJ.

a. It can be argued that the presumption of no intention to create legal relations does

not apply to AJ, as he is not a family member of Sarah, and therefore can enforce the

contract, if he fulfills the terms of the contract.

II

b. AJ is the 'sweet man' and should be doing the grocery shopping because he wants

to, not because he should be paid

c. 'Sweet man' AJ has no rights as it relates to the offer, and he should not accept the

offer.

11.Collin asks David, his brother, to start his truck each morning while he is away in Japan

sourcing another truck and some parts. David is also to wash the truck everyday. Collin tells

David that he will compensate him when he gets back. Collin returns from Japan but refuses

to pay David the money promised.

There is no intention definite consideration between the brothers, therefore there is no

contract.

Select one:

True

False

12.A counter offer can be viewed as an acceptance, because

a. none of the stated answers

b. it shows that the parties are willing to enter into a contract, and the terms can be

combined in the offer and counter offer

C. some of the terms were accepted in the original offer, and new terms added

13.Guyana's highest Court of Appeal can be found in -

O a. England

O b. Trinidad

O c. Guyana

14.Consider the following scenario -

Acme Inc placed a bid on shares in Fox Inc to the amount of 100M. Goat Coop. placed a bid

of 110M. Fox Inc had specified that they were going to accept the highest bid, however, Fox

Inc went ahead and accepted Acme Inc's bid despite Goat Coop bidding 10M more than

Acme.

What can be done, if anything, by Goat Coop?

O a. Goat Coop can do nothing, as tenders are an invitation to treat, and Fox Inc can

accept the offer from anyone

O b. Invitations to treat, such as tenders, are not legally binding, and therefore there is no

obligation on Fox Inc to accept any bid from anyone..

O C. Fox Inc specified that it would accept the highest bid, therefore it has to accept Goat

Coop which outbid Acme Inc

15.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Advise Sarah whether or not, in these circumstances, any legally enforceable contracts have

been concluded, as it relates to Glen.

O a. There is no intention to create legal relations between family members, Glen being

Sarah's nephew cannot enforce the contract.

O b. While there is no intention to create legal relations in domestic agreements, Glen can

enforce the contract between him and his aunt as there is no actual relationship

between them. The presumption can be rebutted because Sarah has never seen him

before.

O c. Glen cannot sue Sarah on the contract because she did not make the offer to him

16.Unilateral offers places an obligation on the entire world

Select one:

O True

O False

17.Advertisements are generally considered as invitations to treat.

Select one:

O True

O False

18.There is no real difference between an offer and an invitation to treat because they both lead

to the creation of a legally enforceable contract.

Select one:

O True

O False

19.There can be acceptance by conduct.

Which case states this principle?

O a. Hyde v Wrench

O b. Carlill v Carbolic Smoke Ball Co.

O c. Brogden v Metropolitan Railway Co.

20.Terry is Norman's tenant. Terry undertakes repairs of his apartment: fixing the windows, and painting the verandah. Terry later send Norman a bill for $50,000. Norman writes IOU on the bill and gives it back to Terry. Norman then refuses to pay the $50,000, telling Terry that Norman's lawyer advises him that he is not liable for past consideration.

O a. Norman acknowledge the cost of repairs with the IOU, and therefore has to pay Terry $50,000

O b. Terry cannot claim the $50,000 from Norman because Terry has a duty to keep Norman's property in a good condition.

O C. Norman's lawyer is correct. Terry did the work off of his own with no prior agreement from Norman, therefore the IOU cannot bind Norman to a contract

21.Price marked goods on display invites the customer to make an offer on the good being sold.

Which of the following is false?

O a. The cashier makes an offer when he tells the customer how much the items cost

O b. Goods on display are an invitation to treat

O c. The customer makes an offer and completes the transaction when the money is paid

to the cashier and the goods collected

22.The Full Court of Appeals hears appeals from the Magistrate's Courts alone

Select one:

O True

O False

23.It is not important that a person must be aware of the offer for there to be an acceptance of the offer

O a. No. The person must be aware of the offer being made in order to accept it

O b. An offer can be made to the entire world. Therefore, the offer can be accepted by the entire world even if no one knows that the terms of the offer

OC. Fulfilling the terms of an offer, even though the person does not know the offer exists creates a binding obligation on the person making the offer

24.The laws of Guyana are always speaking. This means that as the society changes, the meanings of certain pieces of legislation will also change to suit that time period without amending the legislation

Select one:

O True

O False

25.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket et Time left 0:55:27

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Advise Sarah whether or not, in these circumstances, any legally enforceable contracts have

been concluded, as it relates to Ron.

O a. Ron can rebut the presumption of no intention to create legal relations by telling his

mother that he needs to be paid for his services, which shows that he intends to bind

his mother to her offer.

O b. There is intention to create intention relations between family members but Ron

cannot enforce the contract.

O c. There is the presumption of intention to create legal relations in domestic

agreements. Therefore, Ron can enforce the contract between him and his mother

and collect the $1,500

26.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer:

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Advise Sarah whether or not, in these circumstances, any legally enforceable contracts have

been concluded, as it relates to Rebecca.

O a. Rebecca can rebut the presumption of no intention to create legal relations if she

marries Ron.

O b. Rebecca is a god-child, not an actual family member, therefore the presumption of

no intention to create legal relations does not apply.

O C. Rebecca is like a daughter to Sarah, therefore the presumption of no intention to

create legal relations applies, and Rebecca cannot enforce the contract

27.At an auction, the bidder makes the offer but it is up to the auctioneer to accept the offer

Select one:

O True

O False

28.Offers can be withdrawn at any time before they are accepted

Select one:

O True

O False

29.Sarah offers $1,500 to anyone who will do her shopping at the Supermarket every week. She

likes to have fruits and vegetables but simply cannot find the time to do her own shopping.

The following people comply with the terms of her offer

1. her husband, Anil

2. her ex-husband, Devin

3. her 'sweet man', AJ

4. her son, Ron

5. her nephew Glen, whom she has never seen before

6. her god-child, Rebecca

7. her next door neighbour, Joshua

8. her gardener whom she only knows as "Manoj"

Manoj is employed by Sarah and cannot enter into a contract with her to run her errands

Select one:

O True

O False

30.Appeals from the High Court are heard by -

O a. Both the Full Court of Appeal and the Court of Appeal

b. Court of Appeal

C. The High Court can hear its own appeals

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Labor and Employment Law Text and Cases

Authors: David Twomey

15th edition

978-1133188285

Students also viewed these Law questions