Triple A Batteries sells batteries in Bulk. Their customers typically buy thousands of batteries in a single order. The battery sizes vary, but they are shipped together in large crates and are usually delivered to warehouses for storage. Triple A knows that sometimes these batteries can be left in storage for months (or even years) before being used. As such, they are concerned that their customers will be upset if some of the batteries no longer work. For this reason, they include in their contracts the following language: "Triple A Batteries makes every attempt to deliver quality products and stands behind its batteries. However, given the size of the orders the buyer acknowledges that some of the batteries delivered may not be in working order and agrees that Triple A Batteries shall not be held liable in the event that some of the batteries delivered do not function as requested." Triple A delivers a shipment of 10,000 batteries to Golden Age Toys. In that shipment, 13 batteries were found to be defective. Golden Age Toys is furious. Which of the following is correct.

Question 8 options:

a. The contract has been breached and Golden Age Toys need not pay for the order

b. A minor breach of contract occurred so Golden Age Toys must pay for the contract but may request a deduction in the fee

c. The contract contained a Formulatory term which exempted liability for the seller. Thus, Golden Age Toys must pay the full amount

d. The clause in the contract protected Triple A from liability and they are not liable for the defective batteries.

e. Both C & D

f. Both A & C

Question 9(1 point)

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Triple A Batteries sells batteries in Bulk. Their customers typically buy thousands of batteries in a single order. The battery sizes vary, but they are shipped together in large crates and are usually delivered to warehouses for storage. Triple A knows that sometimes these batteries can be left in storage for months (or even years) before being used. As such, they are concerned that their customers will be upset if some of the batteries no longer work. For this reason, they include in their contracts the following language: "Triple A Batteries makes every attempt to deliver quality products and stands behind its batteries. However, given the size of the orders the buyer acknowledges that some of the batteries delivered may not be in working order and agrees that Triple A Batteries shall not be held liable in the event that some of the batteries delivered do not function as requested." Triple A delivers a shipment of 10,000 batteries to Golden Age Toys. In that shipment, 9435 batteries were found to be defective. Golden Age Toys is furious. Which of the following is correct?

Question 9 options:

a. The contract has been breached and Golden Age Toys need not pay for the order

b. A minor breach of contract occurred so Golden Age Toys must pay for the contract but may request a deduction in the fee

c. The contract contained a Formulatory term which exempted liability for the seller. Thus, Golden Age Toys must pay the full amount

d. The clause in the contract protected Triple A from liability and they are not liable for the defective batteries.

e. Both C & D

f. Both A & C

Question 10(1 point)

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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, Lisa has the right to demand cash and can refuse other types of payment

d. Both A & C

e. None of the above

Question 11(1 point)

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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."

Question 11 options:

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

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

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

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

None of the above.

Question 12(1 point)

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Rick is very old and can no longer see well enough to read. 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, I know that you cannot read the contract, but 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.

Question 12 options:

Non Est Factum states that you must read the terms of the agreement and if you do not, you will always be bound to its terms.

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

This is Fraudulent Misrepresentation. It will not be binding

Undue Influence applies. It will not be binding.

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

Question 13(1 point)

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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 was busy playing on his phone and didn't want to waste time reading the agreement. He signs the contract without reading it. 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

Question 13 options:

This is Fraudulent Misrepresentation. It will not be binding.

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

Undue Influence applies. It will not be binding.

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.

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

Question 14(1 point)

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Rita hires Pro Flooring to install grey granite floors throughout her home. The home is 21 rooms and 6000 square feet. They fee will be $12000. The contract is scheduled to last until September 1^st. At first, Pro Flooring seemed to be a doing a very good job and Rita is happy with the progress. However, after completing most of the home, they delay the completion of the final room. After not showing up for over 2 weeks. Pro Flooring tells Rita that they will not be able to complete the job and that she should look elsewhere for someone to complete the work. That week, they send her a bill for $12000. Rita is very angry and refuses to pay, Pro Flooring sues her for payment.

Question 14 options:

Pro Flooring is entitled to full payment as they did most of the job and expended money and energy in the work.

Rita is correct. The contract was breached. No payment is required

No payment would be required due to Quantum Meruit.

The contract was substantially performed and thus Quantum Meruit would be required.

Quantum Meruit is required as no purchase price was discussed.

Question 15(1 point)

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George is selling a model car online. He posts a picture of the car and is asking for $500.00. Larry sees the ad and is looking for a car that can drive him to and from work each day. The picture online does not show that the car is only a model. Larry thinks that he is getting a really good deal and immediately places an offer. George accepts. When he goes to deliver the car, Larry is shocked that it is not a real car. He immediately refuses to accept the item. Which of the following is correct?

Question 15 options:

a. There was Fraudulent misrepresentation and George will be liable for damages and rescission of contract.

b. This was a unilateral mistake. The contract does not reflect a meeting of the minds. There is no contract.

c. As the Mistake did not pertain to an essential element of the contract, both parties will be bound to it.

d. Mistake only applies to the identity of the parties and not to the subject matter. The contract will be binding.

e. All of the above

f. None of the above.

Question 16(1 point)

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Samantha is Vanessa's Doctor. Vanessa is being treated for a serious medical condition and requires constant monitoring and administration of medication. Vanessa relies on Samantha to survive. Samantha approaches Vanessa with an offer to sell her a car. Vanessa is hesitant. She can't really drive any more, but feels that she doesn't have a choice and agrees to buy the car. Which of the following is correct?

Question 16 options:

There was Duress. There is no contract.

There was misrepresentation. There is no contract.

There was Undue influence. There is no contract.

All of the above.

None of the above.

Question 17(1 point)

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Samantha is Vanessa's Doctor. Vanessa is being treated for a serious medical condition and requires constant monitoring and administration of medication. Vanessa relies on Samantha to survive. Samantha approaches Vanessa with an offer to sell her a car. Vanessa is hesitant. She can't really drive any more, but would buy a car if it were a good deal. Vanessa meets with her lawyer who reviews the agreement and gives her advice regarding the deal. Which of the following is correct?

Question 17 options:

There was Duress. There is no contract.

There was misrepresentation. There is no contract.

There was Undue influence. There is no contract.

All of the above.

None of the above.

Question 18(1 point)

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Misrepresentation is...

Question 18 options:

The name of Science Fiction adventure movie

The tort of Defamation

A false statement of fact that induces someone to enter a contract

all of the above

none of the above

Question 19(1 point)

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A contract where performance by a party is rendered impossible due to an unexpected or unforeseen change in circumstances affecting the agreement is...

Question 19 options:

Non est factum

an example of Specific performance

a Frustrated Contract

Innocent Misrepresentation

Binding on all parties regardless of circumstances

Question 20(1 point)

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What is the legal term to describe when one agreement is replaced by another, OR where a party to an agreement is substituted for another?

Question 20 options:

Specific Performance

Assignment

Novation

Frustrated Contract

all of the above

None of the above