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Practice Questions and Answers on Contract Form and Writing

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York University
Administrative Studies
ADMS 2610
Marcela Porporato

ADMS 2610 PRACTICE QUESTIONS Requirements of form and writing mistake and misrepresentationQUESTION 1aA sells steel ball bearings of various diameters and B usesinch diameter ball bearings in the products he manufacturesA and B have been doing business together for the past ten years and B always ordersinch ball bearings from AYesterday B placed an order with A for 1000000inch diameter ball bearings for a price of3000000Unfortunately when the order was written up it simply read 10000 ball bearingsWhat common law rule would apply to the written contract and how could it be overcome so that B could ensure he getsinch ball bearingsAnswerThe Parol evidence rule would apply to the written contract The Parol evidence rule states that you cannot introduce evidence that can contradict or adds the term in a contract If the term is missing from the contract and they have been doing business for a while The court would look at past orders or dealings to see if there is a certain size of ball bearing size that B has always ordered If there has such as in this case the courts would be able to imply the term into the contract and would force A to sellinch ball bearings even though the term is not listed or give B damages for As failure to sellinch ball bearingsFurther collateral agreement could be arguedinch ball bearings formed the consideration for the written contractThis gets the term in and B can either enforce the contract or alternatively sue in damagesbIn 1975 B who was 19 years old started working for A who had a farm and who was handicappedBecause of As handicap B did plowed the fields did much of the harvesting did repairs to the barn and also the farmhouse In 1980 B told A that he was going to leave to find betterpaying work and A responded by telling B that if he stayed and continued to work for him when he A died he would leave the farm to BA also told his neighbours that if B stayed and continued to work on the farm the farm would someday be Bs on As deathSo B stayed on with A another 10 years until 1990 when A died without a willNow As nephew who by law would normally be As heir and inherit As farm has come and told B to pack up and get outCarefully analyzing this fact situation advise B of his rightsFor this question you have to determine whether there was a contract between A and B whether it was oral or written and if oral its effect if any and whether the facts evidence any exceptionsAnswerLooking into the question you can see that there are the 3 elements which form a contract These three elements are parties subject matter and priceconsideration In this case the parties are A and B the subject is the farm and the priceconsideration would be working for A until he passes away Even though this was oralspoken and never in writing since the 3 elements exist there is a contract Yet under the Statue of Frauds any contract in respect of land must be in writing or it is not enforceableSince the contract is oral at common law it is unenforceableHowever there is an exception to this rule the DOCTRINE OF PART PERFORMANCE This exception states that when there is an oral contract regarding land if the person trying to enforce the contract does
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