Voluntary Assumption of Risk
Question 1
Offer: Though the offer was not dated or signed we can argue that there was intent as negotiations began on the phone before the offer was made.
Acceptance: There is no trouble with the acceptance. The Canada Post stamp was dated for June 15, 2011. This shows that it was sent before the offeror decided to revoke on June 16, 2011. Raymond’s method of communication was appropriate because this is how Thomas initially sent the offer AND all land contracts must be in writing.
Consideration: Raymond paid a deposit of $10,000.00 for the $300,000.00 sale. This price seems reasonable for an ocean front summer home in Port Blanford, passing the objective standard test. Though this is not written in the offer, we can assume it is based on the phone negotiations.
Intention: Given the phone negotiation, the offer, the acceptance, and even the revocation of the offer, we can determine that this was intended to be a contractual agreement.
Though Thomas’ mental state may have been off in relation to his memory and mental state accorind to friends, he was well enough to negotiate over the phone, send an offer, and revoke the offer (acknowledging that an offer was made). Memory loss does not necessarily mean your judgement to make decisions is affected. His actions show intent and his ability to consider the offer he sent.
The court may deem that there was no offer depending on if Thomas can prove his mental state made him unable to comprehend his decisions he was making.
The court may also decide that because the terms of the contract were not certain/clear in the initial offer, that there was never an offer made.
Either of these options are options that Raymond can fight through the courts.
If the court judges against Raymond and for Thomas, the contract that Raymond that they had will be voided and the property will have to be put back to it’s original state before Raymond made changes. This is call rescission of the contract.
Question 2
This question seems to deal more with Tort Law. As we learn more about this we may be able to develop the answer a little better.
The hockey player definitely has a case against the doctor who deemed him safe to play hocket again. I will list a few terms that we will be able to use to explain how the hockey player can bring this to the courts.
Negligent Misrepresentation
Unjust Enrichment
Intentional Tort
Non-Pecuniary Damage
Pecuniary Damage
Reasonable Care
Duty of Care
Professional – the Doctor is a professional, thus higher expectations are given from the courts
Here are some terms that may help the doctor defend himself.
Thin Skull Rule
Voluntary Assumption of Risk
…………………………..Answer preview…………………………………….
Raymond has rights over the 5 acre summer home Thomas agreed to sell to him because of the following factors that make any contract valid.
Offer
When Thomas talked with Raymond over the phone, he showed an interest to conduct business with him they both reached an agreement after which Thomas sent Raymond a letter indicating that he would sell him the 5 acre summer home for $ 300,000………………..
APA
790 words
