Question 1
a) Please research when a penalty clause or other provision of a contract becomes so onerous that the Court will not enforce it. What constitutes an unconscionable contract? What is a contract of adhesion? Can you analyze the landmark case of Williams v Walker Thomas Furniture Co?
b) Please examine the difference between an offer versus simply an invitation to begin negotiations. Also what exactly is a Quasi Contract? What other types of contracts are there?
Question 2
Please research what would be sufficient “consideration” to support a contract. Does it only include money expended?
Question 3
Please differentiate between the assignment of rights versus the delegation of duties. Which would be more serious for a party to the contract and definitely require approval? Why?
Question 4
Please write the “issues” of the case of Case 3 You can refer to the group work submitted earlier for guidance. You don’t need book with this question .just like u did the procedure last week.
Question 5
Review the fact pattern below.
- Prepare a memorandum of not less than 3, but not more than 5, pages that:
- Provides a brief summary of the relevant facts necessary for the analysis of the issues required to be analyzed in this memorandum
- Provides an analysis of whether there are sufficient facts to support a finding of negligence – address all elements of the tort in your analysis
- Provides an analysis of the type of damages that may be available based upon the fact pattern
- Provides an analysis of viability of any affirmative defense that may be available to the defendant
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