Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Torts pt 2
| Question | Answer |
|---|---|
| Promisor | the party to a contract who undertakes to do something |
| Promisee | The party to a contract who receives the benefit of the promise made by another party to the contract |
| Offerer | a person, who during the bargaining process that is prior to making a contract, agrees to do something for the other party. Once the offer is accepted the bargain is concluded and the parties have made an agreement |
| Offeree | A person to whom an offer is made during the bargaining process |
| What is the difference between a promisor/ promisee relationship and a offerer/ offered relationship? | Promisor/ promisee: party promising to do something in a contract Offerer/ Offered: initial offer before acceptance - prior to a contract |
| Offer | A promise to do something of value for someone |
| Acceptance | when there has been acceptance of an offer made by one party in the bargaining process the parties are assumed to have reached an agreement on contract terms and a binding contract exists from that point on |
| Consensus ad idem | "meeting of the minds" parties have reached an agreement on terms and they intend to be legally bound by the terms of the agreement |
| What does exchange of valuable consideration mean? | each party promises something of value or promises to suffer a detriment in order for the contract to be enforceable |
| Give an example of an arms length transaction | If someone is selling something on kijiji and i agree to buy it |
| Give an example of a non-arms length transaction | If a parent says they will give you $100 but later does not follow through, it was not intended to be legally binding |
| Describe arms length and non arms length | Arms length - transaction in which the parties act independently and have no relationship non arms length- in general family members/ parties that have a close relationship |
| What circumstances will courts start with a presumption that a contract is valid/ invalid? | The making of the promise, and the relationship between the parties |
| Are advertisements to sell products offers? | No, they are invitations to treat |
| What must an offer contain to be valid? | Must contain all of the terms of the contract. |
| What are three ways an offer can be communicated? | it can be written, verbal, or by gesture |
| Counteroffer | A response to an offer by an offeree that does not unconditionally accept the terms of the offer but proposes to add to or modify the terms. |
| Inquiry | questioning by the offeree as to whether the offeror will consider other terms or is willing to modify the terms of the offer |
| Does an inquiry constitute a counteroffer? | No, and it is also not rejection of the original offer |
| When can an offeror revoke an offer? | Anytime prior to acceptance |
| Breach of contract | failure, without legal excuse to perform any promise that forms part of a contract |
| gratuitous promise | a promise made in exchange for nothing, a promise not supported in consideration |
| Consideration | The price which must be something of value, paid in return for a promise |
| Quantum meruit | An equitable doctrine that states that no one should unjustly benefit from the labour and materials of another. |
| Ab initio | (from the beginning) - if a contract is illegal it is void from the beginning ie) if money or goods have changed hands, but contract is unlawful, the court may order goods or money to be returned |
| Restrictive covent | provision in a contract that prohibits certain activities or use of property ie) business sold, clause made to not reopen in ontario for 25 years -> it is unlikely to be enforceable. (10km for 4yrs more likely to be enforced |
| What statute of fraud requires: | Certain types of contracts be in writing and be signed by the parties who are to be bound by their promises. ie) buying a car, getting a loan at the bank |
| Legality - public policy | Contracts cannot violate public policy, if they do they are either void or void and illegal-contracts giving kickbacks to a public official,paying a witness to give certain evd. in crt,agreements to suppress evidence of a crime,some restrictive covenants |
| What are the most common restrictive covenants? | Non-competition clauses and non-solicitation clauses |
| When will a restrictive covenant be enforced/ not enforced | will only be enforced if they do not restrain trade, if the terms of the clause are not reasonable, the court may view as a restraint and thus unenforceable, a non comp clause for ex. cannot cover too much time or too large of a geo area |
| What should a written contract contain? | all the terms of a contract, signatures of all parties involved, the date of the agreement |
| What are the 3 categories for legal capacity? | minor, lack of mental capacity, intoxication |
| Are contracts with minors enforceable> What is the exception? | Generally, contracts with minors are unenforceable against the minor, the exception is contracts for necessities of life. |
| What are two ways an offer can lapse? | If the offeree fails to accept the offer within the time period specified or, if no time period is specified, they fail to accept within a reasonable time |
| Describe the “postal acceptance rule” and explain what general rule it is an exception to? | once the letter is deposited into the mailbox, the offer is accepted. It is an exception to the general rule that an offer is accepted once it has been communicated to the offeror. |
| Define “deed” and discuss this with respect to a seal and explain its significance with respect to consideration. | Deed: a written contract, made under seal by the promisor. If a promise is made under seal, it will be enforced even without consideration. |
| Which piece of Ontario legislation says that a creditor who accepts a lesser sum in satisfaction of a debt will not later be allowed to claim the balance? | Mercantile Law Amendment |
| describe voidable and void | Void - an unenforceable contract/ a contract that never existed at law because one of the essential elements of the contract are lacking voidable: a contract that may be avoided or declared void at the option of one party to the contract |
| what is the general rule with respect to when acceptance has occurred? | it occurs when it is actually communicated to the offeror |
| In order for acceptance to be valid what must it have? | it must be without qualification, must be clear, unequivocal, and unconditional |
| is an inquiry an offer? | no, it is just that - an inquiry |
| Electronic commerce act | provincial legislation - states that unless otherwise specified, an offer exists when the offeror hits send, acceptance occurs when the message is received, whether the email has been opened or not |
| intention to be legally bound | the parties to a contract must have intended from the beginning of their negotiations that legal obligations would result from their agreement |
| What are the 3 essential elements of a contract? | offer, acceptance, consideration |
Created by:
Kelseym98
Popular Criminal Justice sets