Question
2.Claire was standing at an intersection waiting to cross the road. She saw John's car run a red light and hit a car driven by
2.Claire was standing at an intersection waiting to cross the road. She saw John's car run a red light and hit a car driven by Walt. As the three of them waited for the police to arrive, John approached Claire and introduced himself, leaving a $100 bill in the palm of her hand after they shook hands. John then said, "There's another nine of them to follow if you don't act as a witness in court about this accident." Claire agreed, stating, "It's a deal," and slipped away from the accident scene. She later learned that the matter had been settled, and no charges had been brought against John since there were no witnesses to the accident. Claire contacted John to get the rest of her money, but he refused to pay her the remaining $900. Claire wants to know if she can sue John for breach of contract - what would you tell her? (3 marks)
3.Miles advertised his house for sale and Charlie came to have a look at it. While there, they negotiated, and eventually struck a bargain that Charlie would purchase the house for $200,000. They shook hands on the deal and Charlie went home. That night, while thinking about it, Charlie realized that the house wasn't exactly what he wanted. The next day, he wrote a letter to Miles stating, "I'm writing this note to let you know that I've changed my mind with respect to the purchase of your home for $200,000, and since the contract isn't valid anyways, I don't expect to hear any more about this matter. Sincerely, Charlie." Miles sued Charlie for breach of contract. What are the legal positions of Miles and Charlie? Are there any defenses available to Charlie? (3 marks)
4.With respect to a contractual relationship, identify the types of remedies for misrepresentation available to the affected parties and how they are applied. (5 marks)
5.Identify and briefly describe the grounds on which the courts will imply terms. (4 marks)
6.How does the law of assignment of rights ensure that the debtor is not disadvantaged by the assignment? (2 marks)
7.Describe the circumstances under which a contract is considered performed and the resulting effects performance has on the commercial relationship. ( 2 marks)
8.Distinguish between a breach of condition and a breach of warranty. (2 marks)
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