Yorkville University Unit 6 Ethics and the Law Questions

3:18Ringer
Please answer the following
questions in about 100- 200
words. (10 points* 7
questions=70 points)
il 5G
1. Distinguish between law and ethics. Do you think one has a
bigger role in society to play than the other? Why and why not?
2. What kind of legal rights are protected under the Charter?
Explain. How are they different from some rights protected by
the Charter?
3. “One of the basic precepts in contract law is that any bargain
struck must be fair to be enforceable.” Explain the accuracy of
that statement. Point our to the legal principles connected with
this statement.
4. Discuss the development and importance of the principle of
unconscionable contracts. In your answer compare
unconscionability to insanity, duress, and undue influence.
5. Consider the alternatives that are available to suing someone
in court and discuss the relative merits of these different
courses of action.
6. “The purpose of contract law is to give effect to the
reasonable expectations of the parties to a contract.” Discuss
this observation in terms of the five elements that are required
for the creation of a legally binding contract.
7. “Contracts must be in writing to be enforceable.” Discuss the
accuracy of this statement.
Part 2
Case Analysis Questions: For
each of the following questions
provide a brief fact sheet, legal
issues, and analysis. (10 points
* 3 questions= 30 points)
Practice Questions Solution.docx
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Case Analysis Questions. FUI
each of the following questions
provide a brief fact sheet, legal
issues, and analysis. (10 points
* 3 questions= 30 points)
8. Joe advertised his house for sale and Sam came to have a
look at it. While there, they haggled and struck a bargain that
Sam would purchase the house for $400,000. They shook
hands on the deal and Sam went home. That night, while
thinking about it, Sam realized that the house wasn’t exactly
what he wanted, and so the next day he wrote a letter to Joe
stating, “I’m writing this note to let you know that I’ve changed
my mind with respect to the purchase of your home for
$400,000, and since the contract isn’t valid in any case, I don’t
expect to hear any more of the matter. Sincerely, Sam.” Joe
sued Sam for breach of contract. Discuss the legal position of
the parties, including any defenses available to Sam.
9. Joe made an offer to sell his car to Harry, promising to keep
the offer open for a week. However, he changed his mind, sold
the car to someone else, and phoned Harry to inform him that
he was withdrawing his offer because he had sold the car to
someone else. Harry was angry and said that he wanted the car
and was going to hold him to his promise to hold the offer open
for a week. He sued for breach of contract. Will he win? Explain.
10. The facts of a case heard by the Supreme Court of Canada
are as follows: Mr. and Mrs. H were induced to sign a mortgage
in favor of M.C.R. Ltd. by Johnston, a man living with their
daughter. Johnston led them to believe that the document was
an unimportant amendment to an existing mortgage when, in
reality, it was a second substantial mortgage on their home.
Neither read the document nor questioned it. When the
payments were in arrears, the mortgagee took an action for
foreclosure (to take their home). Mr. and Mrs. H. pleaded non-
est factum. Would this defense succeed? Why or why not?
Explain your response.
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