Question
1Judge may add implied terms to a contract to give meaning to the words in the contract. True False 2On June 1, the Mega Marketing
1Judge may add implied terms to a contract to give meaning to the words in the contract.
True
False
2On June 1, the Mega Marketing Research Firm sent out a mail survey to 5,000 potential customers of Mega's client company. The survey stated that everyone who completed the survey and mailed it back would receive a prize. Mega did not expect everyone to respond to the survey and had only 1,000 prizes on hand for the respondents. On July 14, Sam mailed back his response and eagerly awaited his prize. On July 15, Mega sent out the last prize it had. Sam's response arrived on July 16. It was the 1001stresponse, and Mega wrote back telling Sam that because all the prizes were gone, he would not be able to have one.
Mega had essentially revoked its offer before Sam accepted.
A valid contract was formed between Mega and Sam.
Mega may assert that silence is not acceptance and Sam did not communicate his acceptance on time.
No contract was formed here as there was no communication of Sam's acceptance before Mega's offer lapse.
Each province has enacted statute law to govern all business contract disputes.
True or false
In contracts between family members, the courts will presume that parties have an intention to enter into a contract.
t/f
An option agreement allows for a contract to remain open for a specified time.
t/f
Which of the following would best satisfy the requirements for a valid offer?
I'll give you $15 for your laptop
I'll give you $300 for your bike and maybe more if it is fast
I'll pay $150 for a laptop, the model is yet to be determined
I'll pay $150 for a printer, the model is yet to be determined
Parties to a contract must intend to create legally binding obligations.
True
False
A contract can exist in either a written, verbal, or implied form.
True
False
Jill has been negotiating the purchase of a speedboat with Sandi for the last two weeks. Two days ago, she emailed Sandi, saying "I won't go any higher than $8,000 and that includes the trailer. Take it or leave it, but that's my final offer." Sandi sent an email the same day that said "I will accept $8,000, but not including the trailer." There is a contract between Jill and Sandi.
True
False
Implied terms in a contract must be clear and not ambiguous.
True
False
An option agreement is enforceable when separate consideration is paid to the offeree.
True
False
International e-commerce contracts are not valid in Canada.
True
False
A contract is formed when there is a meeting of the minds.
True
False
Keeping a contract short is the best way to avoid legal disputes arising from the contract.
True
False
Which of the following statementsisincorrectwith respect to an offer?
It must not contain uncertainties
It must be in writing
It must contain a willingness to be bound
It must contain all major terms
Implied terms are those terms not specifically negotiated by the parties but are implied in the contract.
True
False
From a risk management perspective, contracts do not need to be in writing.
True
False
If you enter into a valid contract that was not in your best interest, the Court will assist you in getting out of the contract.
True
False
Contracts for guarantees are not required to be in writing.
True
Fal
The person receiving an offer is the offeree.
True
False
Alliston enters into an agreement with Berkley that, for $2,000, gives him the right to agree to purchase Berkley's screen printing business within the next 30 days for $50,000. If Alliston decides to buy, they agree that the $2,000 will be the down payment on the purchase price. This agreement is an option.
True
False
In business relationships, the courts will presume that parties have an intention to enter into a contact.
True
Fal
An offer is when both parties understand and agree to the terms of a contract.
True
False
Consideration is the value one is willing to pay or receive for the promise agreed to in an offer.
True
False
Terms of an oral contract are easier to prove in court.
True
False
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