Question
Michael, a local entrepreneur, is starting his own paper distribution company. He enters into agreements with several individuals to establish his business, including the following
Michael, a local entrepreneur, is starting his own paper distribution company. He enters into agreements with several individuals to establish his business, including the following (assume in all instances that there was valid offer and acceptance made):
- A verbal agreement with Jim to purchase office space. After the agreement was reached, Michael went to his bank and asked to withdraw enough money for the agreed-upon down payment, but did not give the money to Jim or otherwise take any further steps to perform the terms of the contract;
- A written agreement with Kevin to provide office supplies. Michael suggests a price for the supplies which is substantially below the market value for these products, but Kevin does not object and agrees to provide the supplies at the suggested price. The following day, Kevin visits his family doctor and is informed of recent test results that show he is suffering from significant cognitive impairment, such that he will require a guardian to manage his property and personal care (i.e., another person will need to make decisions for Kevin);
- A verbal agreement with Pam whereby Michael will pay her $500 plus the costs of materials, and in exchange Pam will paint a mural on the side of the office wall. Two weeks later, Michael advises Pam that he is repudiating the contract because he doesn't have enough money to pay for all of his up-front business costs. At this point, Pam had already spent $100 on paint and other supplies and many hours designing the mural;
- A sales agreement to sell Creed 100 reams of paper. Creed advises Michael that he does not have any money, but he will pay for the paper by providing Michael with stolen electronics, which Michael agrees to accept because his office needs IT equipment.
You are a lawyer that Michael has hired to review his contracts and ensure that his business will get off to a successful start. Michael lives in Toronto. Advise him as to the following:
A) Is Michael's agreement with Jim binding? Why or why not? (3 marks)
B) Is Michael's agreement with Kevin binding? Why or why not? (3 marks)
C) What are Pam's rights against Michael? If she starts a lawsuit, what document must she file and in what court? (4 marks)
D) Is Michael's agreement with Creed binding? Why or why not? (2 marks)
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