Chapter 15, Problem 5Q

Dorian breeds Scottish Fold kittens and informs Stevie that she is a cat breeder. Stevie says she is interested in purchasing one of her kittens. Dorian calls Stevie a month later and says Stevie’s kitten is ready for pickup and Stevie owes her $1,000. Stevie refuses, stating they did not have a valid contract. Dorian states they did have a valid contract. Who is correct?

If one party to a contract uses any form of unfair coercion to induce another party to enter into or modify a contract, the coerced party may avoid the contract on the basis of fraud. True O False

The Madariagas owned a restaurant where they served " Albert's Famous Mexican Hot Sauce . " They entered into a contract to sell the restaurant and the formula for the secret sauce to Morris . Although Morris paid the agreed - upon price , the sellers refused to give him the recipe unless he also paid them lifetime royalties for the salsa . Which of these remedies should Morris seek : expectation , restitution , specific performance , or reformation ? Why ?

Is there any exception to the rule that a mistake of law cannot vitiate consent rendering the contract voidable? Explain.

A contract of employment is defined as an agreement between 2 or more legal persons, in terms of which one of the parties (the employee) undertakes to place his/her personal services at the disposal of the other party (the employer) for an agreed period in return for a fixed or ascertainable wage, and which entitles the employer to define the employee’s duties and to supervise the manner in which the employee discharges them.   1. At common law a contract of employment that does not contain specific conditions relating to termination may be terminated due to a number of reasons. Discuss these reasons. In your discussion refer to the impact of the BCEA on these reasons.

Adrian rents a bicycle from Barbara. The bicycle rental contract Adrian signed provides that Barbara is not liable for any injury to the renter caused by any defect in the bicycle or the negligence of Barbara. Injured when she is involved in an accident due to Barbara’s improper maintenance of the bicycle, Adrian sues Barbara for her damages. Will Barbara be protected from liability by the provision in their contract? Explain.

Discuss and explain whether there is valid consideration for each of the following promises:a. A and B entered into a contract for the purchase and sale of goods. A subsequently promised to pay a higher price for the goods when B refused to deliver at the contract price. b. A promised in writing to pay a debt, which was due from B to C, on C’s agreement to extend the time of payment for one year. c. A orally promised to pay $150 to her son, B, solely in consideration of past services rendered to A by B, for which there had been no agreement or request to pay.

Differentiate obligations arising from delict from obligations arising from quasi – delict.

Kelly contracted to sell Bradshaw a load of Coal which both parties believed to be in a wharehouse at Newport West. Earlier the same day, there was a massive fire at the warehouse everything, including the coal was destroyed.   This contract is void for mistake, as the subject matter is no longer in existence. This contract is voidable for mistake as the subject matter is no longer in existence. Kelly can sell Bradshaw at a later date. The parties can renegotiate this contract. Since the contract was already made, the payment cannot be recovered.