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Lecture 12

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University of Manitoba
Mangement (Extended Ed.)
MGMT 0130
Glynda White

- The doctrine of frustration is invoked when  the contracting parties are both mistaken about some future set of circumstances that prevents them from carrying out their obligations pursuant to the contract - When may the defence of non est factum be raised  when there is a radical difference between what a person signed and what the person thought he was signing - Common law illegality  renders unenforceable agreements that are contrary to public policy - Shelly hires James to steal her neighbour's dog (because it barks a lot and the owners do nothing about it). Shelley paid James according to the terms of the contract, but James did not follow through with his end of the bargain. Can Shelly get her money back?  No. The contract is defective because it is illegal - Which of the following examples of a covenant in restraint of trade is most likely to be against public policy?  An entrepreneur sells his successful home baking business to a supermarket chain. He signs an agreement that bars him from setting up a bakery business in the future - How do courts regard restrictive covenants?  Courts will presume restrictive covenants to be against public policy unless the party seeking to enforce the covenant demonstrates that the restriction is reasonable - Economic duress  all of the above - Duress is distinguishable from undue influence in that  duress is never defined in terms of the parties' relationship whereas undue influence sometimes is - Constance and Rosemary are in a fiduciary relationship. This fact is relevant to a claim of unfairness during bargaining because  the court will presume that a contract between them was founded on the basis of undue influence - Whether actual pressure has been exerted is  relevant in a claim of undue influence only if there is not a fiduciary relationship - A fiduciary relationship  none of the above - An unconscionable transaction is  Unenforceable - Which of the following is most likely an improvident bargain?  when granny assigns all of her assets to a powerful business in exchange for the promise to take care of her son in the future - Which of the following is TRUE?  A transaction can be unconscionable only if there is an inequality of bargaining power between the parties - Which of the following have limited capacity to contract for the necessities of life?  none of the above - Which of the following agreements must be evidenced in writing in order to be enforceable?  none of the above - Which of the following cont
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