Contracts

Question 1

what is a conditional acceptence

Answer 1

counter offer

Question 2

if two married people join in contract is it enforceable?

Answer 2

you operate on a principle of presumation (court will pressure it was not legally enforcable contract) they didn’t intend a legal contract. the parties would have to prove there was intent in order to over come presumption

Question 3

implied term

Answer 3

duty of good faith

Question 4

independent contractors vs. employees

Answer 4

different terms of care. The more control the employer has over you,the more likely you (the more control the employer has over you, the more likely you will be found on employee.)

Question 5

tools test

Answer 5

if you are required to bins your own tools more likely you are independent contractor.

Question 6

organization test

Answer 6

more involved in the org you, more likely you will be found as an employee by the courts

Question 7

risk test

Answer 7

who is baring the financial risk

Question 8

unconscienable contract

Answer 8

unequal contract 23 years old vs. lawyer

Question 9

Non solicitation Cause

Answer 9

After you leave you do not solicite customers or firm that you left.

Question 10

obsolescence

Answer 10

contract no longer applies to that position because it has changed.

Question 11

job description

Answer 11

any and all duties as maybe required from time to time.

Question 12

probation period

Answer 12

3 months

Question 13

kestrictive covenants

Answer 13

non disclosure clause
non solicitation
non compeition

Question 14

ownership of intellectual property

Answer 14

if created during employment, owned by employer unless it says so in the contract.

Question 15

cooperative policies

Answer 15

entire agreement clause - words of the contract itself govern the relationship employment.

Question 16

inducement

Answer 16

induce me to leave the company for another company, i should get more notice.

Question 17

fiduciary duty

Answer 17

duty to act in best interest of your company to the exclusion of their best interest.

Question 18

what is a contract

Answer 18

a voluntary exchange of promises that creates rights and obligations for the parties

Question 19

breach of contract

Answer 19

when a promise is broken one party can sue the other for a breach of contract

Question 20

what must an offer contain

Answer 20

terms of the contract
a communication of willigness to be bound
terms of offer must be clear and complete
some terms can be implied.

Question 21

true or false:
when an offer has been communicated, disclaimers of responisbiliy must be posted in plain sight or printed on back of tickets these are known as exemption clauses or disclaimers

Answer 21

TRUE

Question 22

T OR F

Only the person or group to who the offer is made can accept the offer

Answer 22

True

Question 23

acceptance of an offer must be conditional e.g must not specify any new terms

Answer 23

true

Question 24

T or F

silence is acceptance

Answer 24

false

silence is not acceptance unless part of an on going business relationship

Question 25

T OR F | in standard form contracts, the law assumes parties are equal in bargaining positions.

Answer 25

true

Question 26

The law provides equalizers

Answer 26

consumers protection laws | interpretation against the maker called "strict interpretation" or "contra proferntom"

Question 27

what is consideration

Answer 27

the price one on is willing to pay a promise | all parties most derive some benefit from the deal

Question 28

what are the 4 main features of consideration?

Answer 28

must be specific legal present and not a one sided promise

Question 29

t or f | a change in a contract usually requires new consideration

Answer 29

true

Question 30

T OR F | consideration must be fair

Answer 30

false need to be fair, but unfair consideration may lead to a defense of insanity, fraud or someother legal wrong

Question 31

exceptions of consideration

Answer 31

``` paying less to satisfy a debt settlement out of court request for services ( quantum menuit) documents under seal in employement agreement, the employment agreement should use the words asamended from time to time. ```

Question 32

4 classifications of private legal wrongs

Answer 32

tort breach of contract statutory wrong entitling you to sue equitable wrong

Question 33

T OR F | no statues says that infants have the capacity to enter into employment contracts

Answer 33

True

Question 34

contract is unenforceable when?

Answer 34

it is missing some forma, legal requirement (all void contracts are unenforceable, but reverse is not true.)

Question 35

T OR F | drunkness is treated like insanity?

Answer 35

true

Question 36

age enough to indicate insanity?

Answer 36

no

Question 37

True or false A contract made under an incapacity such infancy, insanity, drunkeness can be ratified when a person reaches the age of majority sane or sober

Answer 37

true

Question 38

what is a restrictive covenant?

Answer 38

a resriction that prohibits the seller of a business to complete within x years and within y kilometres

Question 39

T OR F restricive covenants are void for unduly restraining trade unless they can be shown to be reasonable to protect the business or not against public interest

Answer 39

TRUE

Question 40

T OR F | The non-competition clause is prima facie illegal and therefore void unless reasonable

Answer 40

true

Question 41

what is the non solicitation clause

Answer 41

departing employee is bound not to solicit business from employers customers for a period of time and within a defined area

Question 42

TRUE OR F | non competition clauses against departing employees are harder to enforce than those restricting business sellers

Answer 42

true

Question 43

restrictions on employees, employersneed to show

Answer 43

clause is necessary to protect business reasonsable as to time and area non-solicitation clause w/n adequately protect business

Question 44

when is intention presumed?

Answer 44

in commercial relationships | no intention presumed in social,domestic relationships

Question 45

statute of frauds requires written evidence of contacts that are

Answer 45

longer than one year for land transactions guarantees and indemnities

Question 46

what is conditional acceptance

Answer 46

express terms on contract | stated clearly either orally or in writing

Question 47

implied terms

Answer 47

not expressely stated but deemed to be part of a contract by operation of law

Question 48

T OR F only if the person described in the agreement is an employee will expressed and implied terms be enforceable by operation of law

Answer 48

true

Question 49

common law tests to determine if a person is an employee or ind contractor

Answer 49

control test organization test risk test tools test