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(a) State the general rule describing a minor’s capacity to contract.

Capacity: 1.Different people have various right to sign a contract. The law protects people who may not have ability to realize the nature of their act and protects people not in an equal bargaining position.

1.If not reach the age of legal age, the minor can not reasonable for the contract and the contract can be avoid, after the get the age, Contract is enforceable of minor, but not opposed to minor.

(b) Describe the two exceptions to the rule in Question 2(a) above

1.The contract deal with necessaries and those contracts are benefit to the minor.

2..if the minor still has something he get from other party, he must return it to the other party in order to avoid the contract, If he does not return the property in that situation ,he cant avoid the contract

(c) In what situations must a minor repudiate a contract upon reaching the age of majority?

1. Contracts has been destroyed and Minor don’t arrive the certain age of majority, the contract can be avoid 2. After reach certain age, ratification need to accept benefits under the contract. 3. If a minor continues to accept this contract, when he arrive the age of majority, this contract will be bound. CH9

(a) What is rectification and when will it be granted?

Rectification is a remedy whereby a court orders a change in the place to reflect what should to say and it’s equitable remedy,means circumstances are limited.

Rectification of insurance policies are rarely be granted.

(b) What is a voidable contract?

1. If the contract are duress or undue or have some voids of mistakes, then the contract can be rescinded by one party.

2. If the valid contract be enforced, Generally speaking, one party who is bound to the contract and in a voidable contract. The unbound party can cancel the contract and makes the contract void.

(c) What is the significance of finding a contract is void? Is voidable?

Contract is voidable at option of the weak-side; Only voidable a party who is not mechanic or professional. The “void” cannot be enforced by both side of the party, The law will treat the void contract never forms. A contract will be canceled. For Instance, the contract need act an impossible or illegal fulfilment.

A “voidable” contract can be a valid contract or it also can be enforced. Unbound party may cancel the contract and makes the contract void.

The main difference between the two is that a void contract cannot be conducted in accordance with the law. But the voidable contract can still perform.CH9

1.(a) Name and describe three types of misrepresentation.

1. Innocent Remedy: no statement and one party believe that facts of real material is true; Courts trying to get the parties back to their position before conclusion of the contract.

2. Negligent Remedy Misrepresentation of the newer forms and Statements think they are reckless enough, but you have a reasonable ground to believe its truth.

3. Fraudulent Remedy: unsure statement without belief and the facts to a person who know the fake production and dishonest at making.

(b) What is undue influence?

Undue influence means that not at a fair bargaining position like one party take advantage from other party, and people may be affected by other people’s judging.

(c) Describe the factors which will be considered by the court to see whether undue influence exists.

1. Minor age, mental impairment, duress, undue influence or mistake; Undue influence means that shift the burden of proof to the party leader proved that otherwise the agreement is fair and reasonable circumstances

2. under the situation of fair and reasonable, If disclosure all of the contract, weaker party can seek independent legal advice and they can cancel the contract.

4.(a) Explain the concept or doctrine of proximate cause in tort law.

Tort: product depending on whether end users can sue manufacturers of injury, even if no contract exists

Proximate cause: A cause of injury directly related to the defendant’s behavior.

(b) Describe the standard of care imposed upon a professional person.

(c) Does a professional person have any responsibility to persons other than the person who engages the professional’s services? CH11

1.(a) Explain the privity of contract rule.

The Common law rule that no third party, it just between the parties to the contract. It issue that a person and strangers or third parties cannot incur right under a contract. Only parties have liabilities under a contract and those rights can be transferred between rules.

(b) What is viearious performance and is viearious performance an exception to the privity of contract rule?

Vicarious Performance complete performance of a contract by a third party. 1.A contract by a third party, if the party remains liable for the performance. 2.. Require to do the work can be performed by either party, except be provided in the contract 3. Work could be performed by other people like Employees and Independent contractors.

(c) Explain why an insurance contract is an exception to the privity of contract rule.

Legal rights and obligations of third person to enforce a contract legal rights. Such as the beneficiary under insurance life insurance policies

1.(a) Under what circumstances would “silence” be acceptance?

(b) Explain the term “counter-offer” and how it might arise.

(c) Does a contract under seal require consideration? If not, why not? CH12

Promises under seal: Third parties can enforce agreements for the benefit if made under seal

1.(a) What is the doctrine of frustration?

Which is effectively a court order that the contract is no longer binging on either party. And contract under a party is rendered impossible to be influenced of the agreement because unforeseen or unexpected change

(b) Explain the situations in which the doctrine of frustration might apply.

1. Personal services required 2. Change circumstances, which will be executed is fundamentally different. Usually appear during the war when Goods will be diver to war 3. Frustration cant not require not simple difficult or greater cost.

(c) What is self-induced frustration?

A person cannot argue frustration if he or she cause the frustrating event. And do something not necessarily need to avoid a contract. It also may be possible to escape the rule if the person who apparently caused the event not his or her fault.

1.(a) What are four ways in which a contract may be discharged?

1. by performance 2. by reduiation 3. by frustration 4. by agreement

(b) What is a waiver?

Waiver means express or implied waiver of the right claim, If the party may waive rights to act; Consider not only a free commitment and it must be provided either consider or be stamped signature. The voluntary relinquishment or surrender of some known right or pri vilege.

(c) What is the difference between a condition precedent and a condition subsequent?

Condition Precedent: define a condition that has to occur before something. Specify, If the conditions are not in the discharge of the contract to the Insert side, rather than the advantages of both. Contract is suspended until the condition is met or relieves the party who inserted and the conditions are not met, the contract will be cancelled

Condition Subsequent: where you get something and get to keep it until and unless the condition.It subsequent that change the rights or responsibilities of the parties to the contract, or may be terminated if there is a condition of the validity of the contract CH10-13

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1.(a) Why are employers under certain circumstances vicariously liable for the torts of their employees? Identify the circumstance under which vicarious liability would arise.

1. Contracts is the holder 2. Employers are liable for the actions of their employees 3,. As the test within the employee’s job, not acts outsides. 4. Employer has deeper pockets

Significance: 1.Employee is entitled to under the law and interests of independent contractors is not right. 2. Help employee test and take care of the health and safety of employee. 3. Prevents discrimination in the workplace. 4. Employer’s liability for the actions of employees: negligence, breach of contract. 5. Exist the employees may causes lost on company’s financial losses. 6. Workers Compensation to injured workers

(b) Identify the conditions or circumstance under which an employer would be justified in terminating a contract of employment without notice.

Dismissal: Dismissal can be with notice or without notice: If fired without prior notification is:

-Or Just cause:;- Wrongful Dismissal

Just cause: the employer’s responsibility, established a reason for termination of employment without notice

Wrongful Dismissal: Wrongful dismissal: employers cannot offer termination with reasonable notice.

(c) Why must an employee mitigate his or her loss when wrongfully dismissed?

Mitigation: The obligation reduce losses of default of the injured party. Measures must be taken to reduce lost. They need to sell more.

When an employee is dismissed without a good reason or notice or payment: workers can sue for wrongful dismissal; Employees must make their losses less.

General rule: when damage is rejected, between the end of the period of reasonable notice of actual loss; Destination staff in one place has given employees reasonable notice

(a) Why was it necessary for provincial legislatures to introduce comprehensive consumer protection laws during the post World War 2 period?

Purpose: Consumer protection legislation at Canada is different. Unscrupulous operators also need to be protect. Some legislative control of the market is required to protect at some legislative.

Historical Development: 1. State has tried to protect its members and the safety or welfare of citizens; 2.The balance between regulation fair markets. 3.Contracts and buyers by oneself and the Modern consumer protection, changing technology and marketing response 5.Changes in production, sales practices, credit led to the adoption of legislation

(b) Explain the need for legislative control over the selling practices of door-to-door sellers.

door-to-door: sellers who sell goods to the buyer of goods;Sales strategy of the high pressure/persuasion.

(c) How has consumer protection legislation addressed exaggerated advertising claims?

Advertising: Sales above advertised price, Geographical areas must be similar; Exception: errors – must promptly correct with further corrective adverting CH24