law 5

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law 5
2012-02-20 20:45:17
risk law

risk and law
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  1. Name 8 samples of contracts an adventure business may enter into with other businesses or parties.
    • Service agreement
    • legal releases
    • accommodation
    • travel provider agreement
    • insurance policies
    • employment contract
    • travel agent
    • wholesale agreement
  2. What is a contract?
    A promise between 2 parties to be agreed to
  3. In the adventure industry, what is the typical form of “consideration”?
    Money (livestock, land) anything
  4. In a consideration, must the total amount be paid? As of October 2011 (the deposit time), do you have an agreement with Carlson Wagon Lit Travel? Does Carlson Wagon Lit Travel have an agreement, through you, with Silk Holidays? Does Silk Holidays, through Carlson Wagon Lit Travel, and therefore you, have an agreement with a hotel in Bali?
    No. yes. Yes. Yes.
  5. Typically, not all students in the class pay attention to the finer points of their agreement with Carlson Wagon Lit Travel. If you did not understand that your air ticket was not refundable, and you cancelled your trip, is ignorance a defense in court?
  6. If, as of today, you had not paid any money towards your trip, but indicated that you were going to travel, do you have an agreement?
    Yes. As long as there are witnesses
  7. Who may not enter into a contract?
    Minors and those who are mentally incapable
  8. What is an artificial person?
    Corporations or societies
  9. Can a minor’s contract be enforced ON them?
  10. Can a minor’s contract be enforced BY them?
  11. How must a minor enforce a contract in court?
    Through guardian or adult friend
  12. If an unincorporated association enters into a contract, how may the contract be enforced?
    If officers of unincorporated associations sign a contract on behalf of association, they are personally liable
  13. What is the difference between a term and an express term?
    Term- general statement, (statement in contract makes it clear obligation imposed on it’s parties in contract express term- specific statement( one that has been specifically mention and agreed upon by parties
  14. Must a contract be on paper?
  15. Why must waiver forms not be ambiguous?
    Because signer must be able to understand what they are signing. Waiver form must be clear
  16. What is meant by contra proferentum?
    The contract will be interpreted in such a way as to be the least favourable to the author
  17. Explain breach of contract.
    Not performing to contract terms .
  18. What is an exclusion clause? Give an example
    Exempt party from all, or many forms of liability ex. Negligence
  19. What is the typical Canadian time limit for suing?
    6 years
  20. “There have been claims against travel agents …made at the time the client bought the package” Give an example of how this might happen.
    It was sold as something it really wasn’t