Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Question 1 1 pts Tucker would like to know if this is a legally enforceable contract. In order to have a legally enforceable contract all
Question 1 1 pts Tucker would like to know if this is a legally enforceable contract. In order to have a legally enforceable contract all ve elements of a contract must be present, these are: 0 Consensus, consideration, capacity, legality and intention Consensus, offer, acceptance, consideration, intention O Consensus, offer, acceptable, consideration, legality 0 Consideration, capacity, intention, legality, privity Question 2 1 pts Tucker mentions that his landlord was really nice and let him move in on August 1, 2019 (approximately 1.5 months before he signed the Residential Tenancy Agreement and 2 months before the agreement was to take effect} and the landlord did not charge him any rent for this period. This is a potential problem as it is an issue of Question 3 1 pts Tucker also mentioned that when he signed the agreement he was intoxicated. His landlord happened to stop by with the agreement right after he and a few friends had slammed a few drinks. Tucker has asked you if he can get out of his lease on this basis? You explain that this is a capacity issue and that if he wanted to make this argument he would have to prove: 0 That he was actually intoxicated and that the landlord knew or ought to have known he was intoxicated. 0 He doesn't have to prove anything, the burden of proof falls on the landlord. 0 That the landlord was present when he consumed the alcohol. 0 That he had consumed more than 6 drinks. Question 4 3 pts Tucker has advised you that he needs to move back to Calgary for a few months for work, he will be gone from January 1, 2020 to March 1, 2020. He does not want to have to pay rent for the time he is not here in Kelowna, instead he would like to the Residential Tenancy Agreement to a friend. You advise him that he will only be allowed to do this in accordance with section of the Residential Tenancy Agreement and that he is lucky as this is one of the few exceptions to Question 5 1 pts Tucker is really disappointed as he was told by the landlord prior to signing the Residential Tenancy Agreement that a hot tub would be installed on his deck on October 10, 2019. He rented this specic apartment because he was excited about having a hot tub. He called the landlord on October 11, 2019 to nd out why it was not installed and the landlord advised him that he was no longer going to be installing a hot tub as the landlord just found out the deck cannot support the weight of a hot tub. Tucker is upset and wants to know if there are any legal concepts that apply. You advise him that this is a case of Question 6 1 pts As a result of the hot tub not getting installed, Tucker wants to get out of the Residential Tenancy Agreement. He is not interested in suing for damages, but simply wants the parties to be returned to the position they were in prior to the contract coming into force. You advise him that he is in luck, this is an equitable remedy called _______________ . Question 7 1 pts Tucker has decided that he is fed up with his landlord and he is not going to put up with this situation any longer. He tellls you that he is going to stop paying rent altogether. You advise him that if he wants out of a contract there are four ways of doing this which are as follows: 0 performance, misrepresentation, breach, and frustration O duress, undue inuence, unconscionable transaction, and frustration 0 performance, breach, agreement to end or modify, and frustration negligent, innocent, fraudulent or intentional misrepresentation Question 8 1 pts Before Tucker can even make a decision as to whether he is going to stop paying rent a horrible re starts in his building. The re burns the entire apartment building to the ground and there is nothing left. This is an example of: O breach of the contract 0 an unconscionable situation frustration of contract 0 performance of the contract
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started