Podcast
Questions and Answers
What does 'ab initio' mean in the context of contracts?
What does 'ab initio' mean in the context of contracts?
Which type of contract would typically involve clauses that restrict an employee's future work opportunities?
Which type of contract would typically involve clauses that restrict an employee's future work opportunities?
Under what conditions can restitution be granted?
Under what conditions can restitution be granted?
What does the Statute of Frauds require for certain contracts?
What does the Statute of Frauds require for certain contracts?
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Which of the following agreements is considered a violation of public policy?
Which of the following agreements is considered a violation of public policy?
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What must formal contracts usually include?
What must formal contracts usually include?
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Which clause specifically prevents a former employee from soliciting clients of their previous employer?
Which clause specifically prevents a former employee from soliciting clients of their previous employer?
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Which of the following is NOT a type of contract that violates statute law?
Which of the following is NOT a type of contract that violates statute law?
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What type of promise did Effie make to Cat Rescue Paradise?
What type of promise did Effie make to Cat Rescue Paradise?
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What is required for a charitable donation pledge to be enforced under promissory estoppel?
What is required for a charitable donation pledge to be enforced under promissory estoppel?
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Why is Sal's pledge to contribute $5,000 to Rami's Play Centre not enforceable in court?
Why is Sal's pledge to contribute $5,000 to Rami's Play Centre not enforceable in court?
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In the context of Jo's agreement with Keri, what did Keri expect from Jo regarding the rental payments?
In the context of Jo's agreement with Keri, what did Keri expect from Jo regarding the rental payments?
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What legal principle prevents Keri from enforcing the original $400 rent after she reduced it to $100?
What legal principle prevents Keri from enforcing the original $400 rent after she reduced it to $100?
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What was the result of Effie's failure to transfer the promised funds?
What was the result of Effie's failure to transfer the promised funds?
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What factor could potentially make Jo liable to pay Keri back for the lower rent?
What factor could potentially make Jo liable to pay Keri back for the lower rent?
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Which of the following best explains why gratuitous promises are generally non-binding?
Which of the following best explains why gratuitous promises are generally non-binding?
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What determines whether a contract involving a minor for non-necessaries is valid?
What determines whether a contract involving a minor for non-necessaries is valid?
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What is required for a minor's contract regarding non-necessaries to be considered invalid?
What is required for a minor's contract regarding non-necessaries to be considered invalid?
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Which type of contracts are classified as void for minors?
Which type of contracts are classified as void for minors?
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What happens when a minor enters into a void contract?
What happens when a minor enters into a void contract?
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Under what circumstance can a minor validate a contract upon reaching the age of majority?
Under what circumstance can a minor validate a contract upon reaching the age of majority?
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What condition allows an intoxicated party to void a contract?
What condition allows an intoxicated party to void a contract?
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What is considered willfully blind in a contract situation involving intoxication?
What is considered willfully blind in a contract situation involving intoxication?
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How can mental illness affect a person's capacity to enter into a contract?
How can mental illness affect a person's capacity to enter into a contract?
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What factor will the court first consider regarding Raz's late acceptance of the egg offer?
What factor will the court first consider regarding Raz's late acceptance of the egg offer?
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Which statement about the communication of revocation between Blossom and Tyrone is true?
Which statement about the communication of revocation between Blossom and Tyrone is true?
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What implication does the lack of a time deadline in Raz's offer have on the acceptance?
What implication does the lack of a time deadline in Raz's offer have on the acceptance?
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What was Tyrone's action that indicated acceptance of Blossom's offer?
What was Tyrone's action that indicated acceptance of Blossom's offer?
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How did the nature of the eggs affect the court's decision regarding the lapse of time?
How did the nature of the eggs affect the court's decision regarding the lapse of time?
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What would be the result if Raz had accepted the offer within the original 24-hour window?
What would be the result if Raz had accepted the offer within the original 24-hour window?
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What principle does the court rely on regarding acceptance when no time is specified in a contract?
What principle does the court rely on regarding acceptance when no time is specified in a contract?
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If Fran needs to think about the puppy offer, what is the status of the contract with Lily?
If Fran needs to think about the puppy offer, what is the status of the contract with Lily?
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What argument can Jo use to avoid a breach of contract finding?
What argument can Jo use to avoid a breach of contract finding?
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Was consideration present in Rennie's agreement with Iris?
Was consideration present in Rennie's agreement with Iris?
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Why can Al not successfully sue Pacino for breach of contract?
Why can Al not successfully sue Pacino for breach of contract?
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What was Pat's motivation for contacting Joshna after learning the value of the necklace?
What was Pat's motivation for contacting Joshna after learning the value of the necklace?
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What can be concluded about the nature of Rennie's promise to sell the lawnmower?
What can be concluded about the nature of Rennie's promise to sell the lawnmower?
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What element of the agreement between Joshna and Pat could be contested?
What element of the agreement between Joshna and Pat could be contested?
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How did Jo's argument about being equitable relate to her case?
How did Jo's argument about being equitable relate to her case?
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What is the potential implication of the illegal nature of Al's contract?
What is the potential implication of the illegal nature of Al's contract?
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Study Notes
Contracts Overview
- Ab initio means "from the beginning"; a contract deemed void ab initio creates no rights.
- Contracts violating statute law include prohibited activities (e.g., murder, robbery) and invalid agreements (e.g., price-fixing).
- Non-competition clauses restrict former employees from competing based on time and geography.
- Non-solicitation clauses prevent former employees from soliciting clients or employees from their previous employer.
Contracts and Public Policy
- Contracts that contravene public policy aim to obstruct justice, harm public service, promote litigation unnecessarily, or conceal evidence of a crime.
Restitution
- Restitution law seeks to restore parties to pre-contract positions if the contract is illegal, contingent upon public policy and good faith actions.
Formal Writing Requirements
- Formal Contracts (deeds) are written and sealed; Simple Contracts can be oral or written without formalities.
- Statute of Frauds mandates certain contracts be written, especially those related to land sales and agreements with minors.
Technical Requirements for Contracts
- Contracts must clearly identify parties and terms, including offers and consideration.
- The contract must be signed by the party whose promise is enforced; a printed or stamped signature can be valid.
Minor's Contracts
- Contracts with minors for non-necessaries may be valid unless repudiated; certain contracts require ratification when minors reach the age of majority.
- Void contracts for minors are automatically unenforceable.
Law Affecting Minors in BC
- Contracts may become enforceable upon reaching the age of majority or if fulfilled shortly after.
Intoxication and Mental Illness in Contracts
- An intoxicated party may void a contract if they were unaware of their actions and the sober party knew or should have known their state.
- Mental illness affects contractual capacity; individuals may still enter valid contracts if they manage their affairs.
Case Summaries
- Raz and Rudy: A response time is inferred in contract contexts based on historical dealings; Raz’s late acceptance could be deemed too late due to egg perishability.
- Blossom and Tyrone: Since Tyrone was not informed of revocation, Blossom could be in breach of contract for selling the tools to someone else.
- Fran and the Puppy: Fran's need to think indicates that she has not yet accepted, thus her response is not considered binding.
Charitable Donations and Promises
- Effie's promised donation is generally non-binding unless there’s reliance by the charity, which is absent here.
- Sal’s pledge to Rami’s Play Centre is not enforceable as it falls under gratuitous promises.
Contract Legality and Consideration
- Jo can argue for estoppel regarding the rent reduction, asserting reliance on Keri's promise for lower rent and resulting detriment.
- Rennie's sale of the lawnmower constitutes a contract due to exchange of consideration, regardless of the item's low price.
- Al's contract with Pacino is void due to illegal circumstances, negating any breach claim.
- Pat’s offer to buy back the Zoori necklace lacks a valid contract since acceptance of a gift cannot be legally obligated.
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Description
Test your knowledge on the fundamentals of contracts, including terms like 'ab initio', non-competition clauses, and public policy considerations. This quiz will challenge your understanding of contract legality, forms, and restitution principles. Perfect for students and professionals in the field of law.
