Question
Question 51: A seller unknowingly made a misrepresentation during negotiations to sell his car. The seller did not and could not have known what they
Question 51: A seller unknowingly made a misrepresentation during negotiations to sell his car. The seller did not and could not have known what they said was a misrepresentation at the time. What kind of misrepresentation has occurred here? - Innocent misrepresentation - Negligent misrepresentation - No misrepresentation has occurred - Fraudulent misrepresentation Question 52 Where circumstances surrounding a proposed commercial transaction involve an unsophisticated party, what would a court most likely accept as indisputable evidence that the party has proceeded with the transaction on a free and informed basis? - a certificate of indubitable legal advice - a certificate of independent legal advice - a certificate of individual legal advice - a certificate of indisputable legal advice - a certificate of mitigation Question 53 Michael was severely injured in an automobile accident. While in hospital, he was visited by an insurance adjuster who made him a "take it or leave it" offer of $3,000 in full settlement of his personal injury claim. Michael accepted the offer because the adjuster told him there would be no further offers. Michael also does not speak English very well. If Michael's claim is actually worth $100,000, on what legal basis might the court cancel the agreement? - because the agreement was entered into under duress - because the agreement is unconscionable - because Michael lacked capacity to contract - because the agreement was illegal Question 54 How does Canadian contract law protect minors and mentally incapacitated individuals? - by requiring the courts to approve the contracts - by ensuring that they cannot enter into legally binding contracts - ensuring both groups are represented by guardians when entering into contracts
Question 81 ) What are the four sources that the court can rely on to imply terms in a contract?
Question 80 ) The collection of legal rights associated with ownership of property has been characterized as a "bundle of rights". List four rights of property owners.
Question 79 ) List four factors the courts will use to calculate reasonable notice.
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