1. Thomas' prom is tonight at 8 pm in downtown Toronto. He hires First Rate Limos to pick him up in a black, super-stretch, Navigator Limo and take him to the prom. They are to pick Thomas up at 7pm tonight. The fee for the service is $500. First Rate Limos is on time. However, they deliver a charcoal grey super stretch Navigator Limo. Thomas is furious and refuses to pay. Which of the following is correct?

options:

A. First Rate Limos breached the contract and is not entitled to any payment

B. Thomas need not pay and he is entitled to another free Limo ride

C. Thomas is required to pay the full amount as he was still picked up and delivered to the prom

D. Thomas is required to pay, but would be entitled to a deduction in the fee

E. First Rate Limos Breached a Condition in the contract and does not need to be paid

F. none of the above

2.Lisa has a written contract to sell Sarah a Laptop. They agree that the Black Turbo 6200 Laptop will be sold for $2300 and that the transfer will occur on August 1^stat 8pm and be delivered to Sarah's home at that time. The payment would be made at that time. At 8pm on August 1^st, Lisa brings the laptop to Sarah's home and asks for payment. Sarah offers her a cheque for $2300. Lisa does not want to accept a cheque and refuses to hand over the laptop. Which of the following is correct?

Question 10 options:

a. Since Sarah offered the payment at the correct time and place, and in the correct amount, Lisa is breaching the contract.

b. Lisa has the right to refuse a cheque, but if Sarah were to provide more money it would have to be accepted.

c.As the contract did not specify the form of payment required, Sarah has the right to demand cash and can refuse other types of payment

d. Both A & C

e. None of the ABOVE

3.Deirdre bought a secondhand car from Honest Harry's Autos after being assured by Harry, in response to her questions, that the car had been driven only in good weather by the little old lady from whom he had purchased it. He claimed that was why its mileage was so low, and that it had never, (according to the little old lady), had so much as a scratch. "That's excellent," said Deirdre. "If it had been otherwise, I wouldn't have bought it."

Deirdre soon began having trouble with the car pulling to one side when she applied the brakes, so she took it into the garage for a wheel alignment. The mechanic said "Why on earth would you buy this old heap? Granny Moses, that wild old lady, drove this thing like a madwoman, and it's never been the same since her last crash."

options:

A. Honest Harry's committed Fraudulent misrepresentation. Rescission of contract could be expected.

B. Honest Harry's committed Fraudulent misrepresentation. Rescission of contract and damages could be expected

C. Buyer beware is the rule in this situation. No remedy could be expected.

D. As this was a question of opinion, it is not misrepresentation. No remedy is required.

E. None of the above.

Rick is 28 years old and a new homeowner. He is looking to sell his car and tells his friends and neighbours that he is looking to sell the vehicle. His neighbor, Emmett approaches him with an offer to buy his car. He says that he will pay twice the value of the vehicle and presents Rick with a contract to sign. Emmett says, you can trust me that all of the terms we discussed are in the agreement. Rick agrees and signs the contract. However, the contract did not deal with the sale of the car. It was a contract to sell Rick's house at a very low price.

options:

A. This is Fraudulent Misrepresentation. It will not be binding.

B. This is an example of the need to read every contract. Rick signed the agreement and is bound to its terms.

C. Undue Influence applies. It will not be binding.

D. Hyper est Dictum states that you must read the terms of the agreement and if you do not, you will always be bound to its terms.

E. Non East Factum states that Rick will likely not be held to the contract.