Contemporary Canadian Business Law

Business

Quiz 13 :

Performance of Contractual Obligations

Quiz 13 :

Performance of Contractual Obligations

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Shamira offered to purchase Brendan's automobile for $3,050 cash, with Brendan to deliver the vehicle the next Wednesday, at which time Shamira would pay the $3,050. On the Wednesday, when Brendan did not deliver, Shamira went to Brendan's home, and found him in his garden. Shamira offered Brendan the money, but Brendan refused, saying that he had changed his mind, and did not wish to sell his automobile. If Brendan refused the tender of the exact amount of money, Shamira would be entitled to take legal action against Brendan for breach of contract.
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In the contract between Canada Oil Company and the Government of Iran for the supply of Iranian crude oil, there is a clause that allows either party a period of one year to bring forward to court any claim arising from events subject to the contract. Any claim raised after one year from the events which give rise to it is agreed to be unenforceable. Had the parties not provided for this themselves, the common law would have provided a somewhat similar measure, represented by the doctrine of
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E

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Bacall, a building contractor, bid for and won the tender to construct Klegman's Shopping Centre. Due to rampant, unexpected inflation, she found she would not quite break even on the project and she asked Klegman to renegotiate the price. Klegman pointed out that there was no provision in the contract for that and said, "A deal's a deal."
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B

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The University of Excellence has decided that it wants to only accept cash payments for tuition. Its current contract states that payment may be made by cash, cheque or credit card. How can it amend the contract?
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Shamira offered to purchase Brendan's automobile for $3,050 cash, with Brendan to deliver the vehicle the next Wednesday, at which time Shamira would pay the $3,050. On the Wednesday, when Brendan did not deliver, Shamira went to Brendan's home, and found him in his garden. Shamira offered Brendan the money, but Brendan refused, saying that he had changed his mind, and did not wish to sell his automobile. Brendan would be entitled to reject the tender of payment if it consisted of $3,100 in cash, instead of the required $3,050 in cash.
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John Stevenson, a plumber, had a contract to repair a slow leak in a toilet in Dr. Ibsen's medical clinic. Because it had to be done when no patients were there, John Stevenson agreed to come on a Saturday. However, when he got there, he found a notice on the door saying "Got a chance for a free trip to Hawaii. Come next Saturday at the same time. Thanks. Dr. Ibsen." John Stevenson did not turn up the next Saturday and, when Dr. Ibsen called to find out why, John Stevenson said he had promised to take his wife shopping that day, and he doubted if he would be able to find the time in the future.
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How can contracts be discharged?
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In the contract of sale of Jones' house to Greenwood, no particular method of payment was specified. Greenwood's lawyer has heard rumours that Jones got a much better offer after he signed the deal with Greenwood, and, from the attitude displayed by Jones recently, Greenwood's lawyer thinks Jones may be hoping the deal will fall through. Greenwood
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Kirk entered into a contract with Yemmi to haul gravel in his large tandem truck from Yemmi's gravel pit to a building site some five kilometres distant, at $60 per load. Before Kirk was to begin performance, his truck was destroyed in a serious traffic accident. Because Kirk is bound in contract, Yemmi can require Kirk to purchase a new truck to perform the agreement.
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In the contract between Bayson's Department Store and Clem's Manufacturing, there is a clause that allows either party to end the contract on 60-days' notice and the payment of liquidated damages, which are set at a reasonable amount. This clause is
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Under the Frustrated Contracts Act; can Delores keep a $20,000 deposit?
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For contracts concerning the purchase of land, once payment in full in accordance with the terms of the contract has been offered by the purchaser, if not provided in turn by the vendor with a deed to the property, the purchaser may
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When does a waiver have to be in writing and under seal?
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In the contract between Gamil's Building Materials store and Hightrees Logging and Lumber Company for the supply of lumber, there is a clause that allows either party to end the contract on 10-days' notice should actions of logging protesters on Hightrees' property bring logging operations to a temporary halt. This clause is
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Delores is an opera singer who is scheduled to perform in Toronto on October 17th. She gets laryngitis and is unable to sing. The contract does not include any provisions regarding Delores' health. Is she obliged to perform?
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Carson, a fruit wholesaler, delivered bananas to Phil's Fruit Market. A sizeable portion of the truckload was of questionable quality, but no one at Phil's Fruit Market had objected to delivery. After a falling out over another contract a year later, Phil's Fruit Market sued Carson over the banana shipment. Of the following, Carson's best defence would be:
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Shamira offered to purchase Brendan's automobile for $3,050 cash, with Brendan to deliver the vehicle the next Wednesday, at which time Shamira would pay the $3,050. On the Wednesday, when Brendan did not deliver, Shamira went to Brendan's home, and found him in his garden. Shamira offered Brendan the money, but Brendan refused, saying that he had changed his mind, and did not wish to sell his automobile. If Shamira had offered Brendan exactly $3,050 in cash, she had made a valid tender of payment.
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In the contract between Canada Oil Company and the Government of Iran for the supply of Iranian crude oil, there is a clause that allows either party to end the contract on declaration of war between Canada and Iran, or the imposition of United Nations trade sanctions on either country. This clause is
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King, a library sciences student, was hired at $400 a week to catalogue the library of the very wealthy Earle family. He estimated that the work would be completed in early August, giving him a month of vacation, which he felt he badly needed. For the first three days on the job, King was kept busy running errands for Mr. Earle, who had a sprained ankle, and keeping him from getting bored. On the fourth day, Mrs. Earle was using the library for her bridge club and a meeting of her church Flower Committee, and on Friday she kept King busy running errands for the dinner party she was giving that night. After two weeks of this, King quit and took a labouring job for $275 a week.
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Shamira offered to purchase Brendan's automobile for $3,050 cash, with Brendan to deliver the vehicle the next Wednesday, at which time Shamira would pay the $3,050. On the Wednesday, when Brendan did not deliver, Shamira went to Brendan's home, and found him in his garden. Shamira offered Brendan the money, but Brendan refused, saying that he had changed his mind, and did not wish to sell his automobile. If Shamira had in her possession three $1,000 bills, and one $100 bill, her tender would be invalid, even though she had cash in excess of the amount requested.
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