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Lecture 9

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Mangement (Extended Ed.)
Course Code
MGMT 0130
Glynda White

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- Ejay wants a court to consider oral evidence about a written contract in order to resolve a dispute about an ambiguous term in one of her client's contracts. She decides that she will characterize the facts as giving rise to a collateral contract. Which of the following is TRUE?  Ejay is an inefficient lawyer because there is a more direct way of having the court consider her oral evidence under the circumstances - An ambiguous contractual term  will always have more than one plausible meaning - Which of the following approaches to contractual interpretation will ONLY SOMETIMES give words their plain, ordinary meaning?  the golden rule - Which of the following is true of the contra proferentum rule  all of the above - Which of the following best describes an implied term  It is sometimes inserted into a contract by a court - Even if a lease does not expressly say that the item leased must come back in the same condition in which it went out (subject to reasonable wear and tear), a court will imply such a term. Courts will do so on the basis that such a term  is in line with industry standards - A court will find an implied term  when it is necessary to bring the contract in line with the presumed intentions of the parties - Denise is a farmer in Prince Edward Island. Recently she purchased a new tractor from her local dealer. Although her contract of sale contained a large number of standard terms and conditions, it did not guarantee that the tractor would function properly. Assume that the tractor malfunctions and Denise tries to sue for breach of contract. Which of the following is most likely TRUE?  none of the above - The Sale of Goods Act in several jurisdiction including Manitoba, Northwest Territories, and the Yukon  implies a term that goods being sold are new unless otherwise described - Standard form agreements  often are well-understood transaction types ref
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