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MGMT1601 Business Law

tag 0 Download 8 Pages / 1,806 Words tag 16-03-2021
  • Course Code: MGMT1601
  • University: Bow Valley College
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  • Country: Canada

Questions:

  1. List and explain what a plaintiff must establish to succeed in a negligence action.  
  1. How has an occupier’s liability to persons using the property changed in recent years?
  1. Describe how the Anns case test can impact the establishment of a duty of care in cases involving professional liability.  
  1. What is meant by an insurable interest and how does it apply to the various types of insurance discussed in the chapter?   What remedies does an insurer have if the insured misrepresented material facts when applying for insurance coverage?
  1. Explain what is meant by the right of subrogation. How may subrogation affect not only the insured but the person who has caused the injury or damage? Indicate what other means insurance corporations have to keep their damages as low as possible.  
  1. What is meant by “freedom of contract?” Explain the impact of this principle on the development of contract law. What are two types of restrictions on this principle?
  1.  List and explain the elements that must be present for an agreement to qualify as a contract.
  1. Explain the difference between:

Formal Contract

Parol Contract

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Void Contract

Voidable Contract

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Unenforceable Contract

Illegal Contracts

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Bilateral contract

Unilateral contract

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An Offer

An Invitation to Treat

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  1. When is a contract formed?  When will silence be considered an acceptance of an offer?
  1. What two factors do the courts consider when deciding whether to enforce an electronic contract?
  1. “In determining whether a child has contractual capacity, the court will attempt to determine if she actually understood the transaction.” True or false? Explain your answer.  Explain the circumstances in which an infant may escape liability for a contract and the circumstances in which an infant is bound by a contract.
  1. In addition to debts incurred for necessaries, when will a minor be liable for a debt he incurred?
  1. What are the three stages of a contractual relationship? Describe the legal situation of a minor in each of these stages.
  1. What must an insane or drunk person establish in order to escape liability under a contract?
  1. Describe the test the courts will use in determining whether the parties had an intention to be bound when they made an agreement.  With respect to the element of intention, explain how the courts’ treatment of domestic agreements differs from their response to commercial transactions.
  1. Explain how fraudulent, negligent and innocent misrepresentations differ. Identify the remedies that are available for each type of misrepresentation.
  1. What happens when a misrepresentation becomes a term of the contract?  Under what circumstances can silence or a statement of opinion become misrepresentation?
  1. A mistake may result in a contract being declared void or voidable. What difference does it make if a contract is merely voidable?
  1. Distinguish among shared mistakes, misunderstandings, and one-sided mistakes.
  1. What approach will the courts usually take when the mistake involves disagreement about the meaning of the contract?
  1. Under what circumstances would a breaching party who had partially performed the terms of the contract be entitled to receive part payment?
  1. Describe the differences between a condition and a warranty. What is the distinction significant?
  1. What options are available to the victim of an anticipatory breach? Explain the advantages, disadvantages and risks associated with these options.
  1. What is an exemption clause? When might an exemption clause be unenforceable?
  1. What is meant by fundamental breach? What remedy is available to the victim of a fundamental breach of contract?
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My Assignment Help (2021) Business Law [Online]. Available from: https://myassignmenthelp.com/free-samples/mgmt1601-business-law/what-a-plaintiff-must-establish-to-succeed.html
[Accessed 28 November 2022].

My Assignment Help. 'Business Law' (My Assignment Help, 2021) <https://myassignmenthelp.com/free-samples/mgmt1601-business-law/what-a-plaintiff-must-establish-to-succeed.html> accessed 28 November 2022.

My Assignment Help. Business Law [Internet]. My Assignment Help. 2021 [cited 28 November 2022]. Available from: https://myassignmenthelp.com/free-samples/mgmt1601-business-law/what-a-plaintiff-must-establish-to-succeed.html.


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