Question
QUESTION 1 Noah entered into a contract to buy a red Porsche convertible, but the car that was delivered to him is a blue SUV.
QUESTION 1
Noah entered into a contract to buy a red Porsche convertible, but the car that was delivered to him is a blue SUV. Noah may:
a. | Cancel the contract and sue for damages. | |
b. | Sue for an injunction. | |
c. | Sue for specific performance. | |
d. | Sue for damages only. |
QUESTION 2
If you own a factory and are concerned about not being able to fill orders if your factory is shut down in a covid-19 lockdown, which type of clause should you include in your contracts with your customers?
a. | Liquidated damages clause | |
b. | Condition precedent | |
c. | Force majeure clause | |
d. | Exclusion clause |
QUESTION 3
Scarlett emails Mel and offers to sell her store inventory for $40,000 cash. Mel replies by email: "OK; I will pay $10,000 cash tomorrow and give you a cheque for the rest next Thursday". Mel's reply is a(n):
a. | Conditional offer | |
b. | Acceptance | |
c. | Option | |
d. | Counteroffer |
QUESTION 4
What type of clause is this: "Doggo Inc. may terminate this agreement, in its absolute discretion, by providing 10 business days' notice to Pupper Co."?
a. | Limitation of liability | |
b. | Exclusion clause | |
c. | Condition subsequent | |
d. | Cancellation clause |
QUESTION 5
A party to a contract might wish to include a condition subsequent in the contract:
a. | To avoid being bound by the terms of the contract if a specific situation occurs. | |
b. | To avoid the high cost of litigation if the contract is breached. | |
c. | To avoid forfeiting a deposit if a deadline is missed. | |
d. | To ensure that any dispute is resolved according to the laws of a chosen jurisdiction. |
QUESTION 6
What type of contract clause is this: "This contract, and all disputes arising under it, are governed by the laws of the Province of British Columbia"?
a. | Force majeure clause | |
b. | Choice of venue clause | |
c. | Exclusion clause | |
d. | Choice of law clause |
QUESTION 7
Lisa's Lunches, a catering business, received an offer from Paula's Preschool to purchase 100 cupcakes for their holiday party for $200.00. The offer required that Lisa accept by email by November 15. Lisa accepted on November 16. Why would a court find that there was no agreement?
a. | The offer had lapsed before acceptance. | |
b. | There was no consideration. | |
c. | The offer had been revoked. | |
d. | The offer was unenforceable due to illegality. |
QUESTION 8
If a term of a contract is unclear and the parties disagree on its meaning, a judge will resolve the dispute by:
a. | Applying her own subjective interpretation of the term. | |
b. | Applying the interpretation of the party who commenced the lawsuit. | |
c. | Applying the interpretation of the party who drafted the contract. | |
d. | Applying the interpretation of a reasonable person. |
QUESTION 9
What type of clause is this:" in the event of damage to your vehicle, ParkCo will not be liable for more than $200"?
a. | Force majeure clause | |
b. | Limitation of liability clause | |
c. | Condition precedent | |
d. | Liquidated damages clause |
QUESTION 10
A retailer in British Columbia orders a large quantity of toys from a toy manufacturer in Ontario, in an online transaction. The retailer fills in the online form on the manufacturer's website, pays with a credit card and clicks the "submit" button to complete the transaction. The contract is formed when:
a. | The retailer clicks the "submit" button. | |
b. | The transaction data reach the toy manufacturer's internet service provider. | |
c. | The toy manufacturer sends a message to the retailer confirming the transaction. | |
d. | The transaction data are processed by the retailer's internet service provider. |
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