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York College, CUNY STRATEGIC 68798 Chapter 7 1)What is meant by the terms of a contract? Why is it important to include terms dealing with price, quantity and warranties associated with a product in a contract? Explain how rules of construction used by courts to interpret contracts are often conflicting
York College, CUNY
STRATEGIC 68798
Chapter 7
1)What is meant by the terms of a contract?
- Why is it important to include terms dealing with price, quantity and warranties associated with a product in a contract?
- Explain how rules of construction used by courts to interpret contracts are often conflicting.
- Does writing a term into a contract reduce all risk with respect to understanding the term? Explain.
- How does a court address vague or ambiguous terms?
- What rule governs if one party is responsible for the drafting of a vague or ambiguous term? What is the rationale for the rule?
- What is the legal result if contract language is so ambiguous that it simply cannot be understood?
- What does the law require of contractual parties with respect to good faith?
- When will the courts imply a term in a contract?
- What is implied by either common law or applicable legislation with respect to the sale of goods and services?
- What is an entire contract clause?
- What was the legal conclusion in Abramowich v. Azima Developments Ltd.?
- Identify the three possible forms that contracts can take. Does form impact enforceability?
- Explain the parol evidence rule and its exceptions.
- What happens to contractual obligations if a disaster strikes?
- Identify three ways that a party could deal with the risk that the price of a good might change over the life of a contract.
- What is a risk of building flexibility into a contract?
- Explain why conditional agreements are essential and what effect using conditions subsequent and conditions precedent have on a contract.
- Identify the situations where real estate agreements are frequently based on a condition.
- What liability results when a party fails to meet its contractual obligations?
- What is the purpose of a limitation of liability clause?
- What classic legal test is stated in Hadley v Baxendale (1954), 9 Exch 341?
- What is the purpose of an exemption clause?
- What clause facilitates consensus and choice in contract in relation to remedies for breach of contract?
- What type of clause could cause a court to set aside a term in a standard form contract?
- What did Abrams v Sprott Securities Ltd. (2003), 67 O.R. (3d) 368 C.A. distinguish in the Fraser Jewellers case?
- What is a shrink-wrap agreement and what is the legal status of this form of agreement in Canada?
- What is a click-wrap agreement and what is the legal status of this form of agreement in Canada?
- Identify the controversy regarding enforceability of browse-wrap agreements and explain how such controversy may be avoided?
- When is a liquidated damage clause enforceable?
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