Contracts and Torts

chantal Seguin
Flashcards by chantal Seguin, updated more than 1 year ago
chantal Seguin
Created by chantal Seguin over 5 years ago
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Contracts and Torts exam

Resource summary

Question Answer
for a tort law to succeed, plaintiff must prove the defendants wrongful act on balance of probability
which statute is an example of legislation that codifies contract rules? sales of goods act
what is a document prepared and filed by the plaintiff that initiates a lawsuit is? the plaintiffs claim
a 17yr old sara promised her mother when she turned 21 she would convert to jewish.... is this binding and why? NO... its a moral vow, which is not legally enforcable
rita offered her car to rakan for $500 and he counter offered for $475 and walked away before she could respond .... is this binding, and why? NO, it was just a counter offer, and not agreed upon
is an offer sent through the mail binding? yes! the postal rule is a binding method of offer
fuel and tug boat question ...eeek (cant remember full scenario) he would be obligated to pay the surcharge and honor existing contract (Charles said C & D)
if someone threatens to harm someone if you do not agree to sell your car, you would be signing under...... duress
if a minor whom is paraplegic and cannot swim buys a sailboard, and he just attained the age of majority.... is the sale/ contract binding? the contract is void ab initio because it would not be of benefit to him
henry has a few drinks and is in a good mood, henry smells of alcohol and is quiet animated, but henry knows he is buying a car and has negotiated a good deal.... can he repudiate the contract? he can not rely on intoxication to repudiate the contract
melish, age 15 joined an internet movie service where he pays to download movies for $10 a month wether he uses it or not. he decides it no longer useful.... can he break the contract? yes! he can give notice that he is repudiating the contract and is not obligated to pay future fees.
a trust that arises as a result of an agreement that is declared in clear and unequivocal terms is: an express trust
samuel recently started doing chores and errands for samantha, who is elderly and exhibiting signs of dementia. samantha relies on samuel. samuel tells samantha that he is in desperat need of money to pay his rent or else he will not be able to assist her around the house anymore. samantha loans the money to samuel. this is an example of: undue influence
what are 2 forms of trespass to chattels? conversion detenue
what are special damages? Damages intended to compensate a plaintiff for a quantifiable monetary loss medical bills, lost wages, and repair costs.
what are consequential damages? otherwise known as special damages, are damages you can prove occurred because of the failure of one party to meet a contractual obligation
what is implied repudiation? When a party to a contract receives an indication from the other party that they intend on not performing their contractual obligations.
what is the highest level of liability? strict
lowest level of liability? Absolute
what is defamation? the action of damaging the good reputation of someone; slander or libel
what is malicious persecution? A tort which compensates a person for the malicious, unfounded and unsuccessful institution of criminal or disciplinary proceedings.
what is the discover ability rule? can affect when the statute of limitations begins to run. In some cases, an injury that caused a wrongful death was not apparent when it first occurred; this is usually due to the nature of the injury itself.
what are aggravated damages? awarded by a court to reflect the exceptional harm done to a plaintiff of a tort action.
what is nuisance? Excessive or unlawful use of one’s property to the extent of unreasonable annoyance or inconvenience to a neighbor or to the public.
which tort may be led to judgement even if it was committed accidentally? nuisance
what is trespass? entry to a person's land or property without their permission.
what is the postal rule? A rule of contract law that makes an exception to the general rule that an acceptance is only created when communicated directly to the offeror
Athey v Leonati →Plaintiff had pre-existing back condition → Suffered neck and back injuries in car crash that defendant negligently caused → Doctor advised to begin exercising at the gym → Plaintiff exercised and sustained a herniated disc, resulting in permanent disability → At trial: accepted that the crash causally contributed to the disability; but reduced plaintiffs damages by 75% due to greater causal role of pre-existing back condition → On appeal: upheld trial decision Thin Skull and “Crumbling Skull” Doctrines applied and put to question Appeal allowed, plaintiff entitled to recover 100%
what is standard of care? the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise.
what is duty of care? a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.
a client ordered a green car, upon pick up the car was green but the model was different ... this is an example of?? breach in warranty
what is the lowest level of intent in tort? absolute liability
what is a trespass to chattels? improper touching of another persons goods
what is conspiracy? an agreement between 2 or more parties to mislead, deceive, or defraud others of their rights or to gain unfair advantage. there is no judgement for conspiracy
class of entrants that can be allowed into your building? voluntaries
section 1 of the occupiers liability act? D. none of the above
scenario 1 Jessica case she is a minor rule of necessity needs suits for job contract for non-necessity for minors not enforceable necessity is considered contract for adults
scenario 2 Alan Case postal rule applies revise the E-commerce act binding once email was sent (unless email not agreed form of communication)
Scenario 3 Revise inequality of bargaining power one party has more power minors vs. adults disability duress employer vs employee
Scenario 4 Redecorate interior of your home revise novation
what is detenue? wrongful possession of a chattel that belongs to another
what is conversion? interference with the ownership or possession of the other persons goods
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