Gabriel Entered into a Contract with Paradise Equestrian Services

question 21

Multiple Choice

Gabriel entered into a contract with Paradise Equestrian Services. (PES) The purpose of the contract was to allow Gabriel's son, Archie, to learn to ride horses. The situation was somewhat complicated by the fact that while Gabriel lived in Prince Edward Island, Archie was starting college in British Columbia, where PES was also located. In an attempt to make it easier for Archie to take action on the contract, if any problems arose, Gabriel made sure that the agreement contained Paragraph 13, which says, "The promise given by PES is hereby acquired legally by Gabriel and equitably by Archie." Which of the following statements is TRUE?

• A) As a result of Paragraph 13 of the contract, Archie can properly be classified as trust beneficiary, rather than as a third party beneficiary.
• B) Archie is a party to the contract by virtue of an assignment.
• C) The facts demonstrate the concept of vicarious performance.
• D) Archie can sue on the contract only if he personally provided consideration.
• E) The tactic that Gabriel tried to use in this case was abolished by the Privy Council in Vandepitte v Preferred Accident Insurance Co.

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Definitions:

Constructivist

An approach or theory in education and psychology that emphasizes learning as an active process where individuals construct or build new ideas based on their current/past knowledge and experiences.

Ecological

Related to or concerned with the relationship between living organisms and their environment.

Person-centered

A therapeutic approach that focuses on treating the individual as a whole, emphasizing empathy and unconditional positive regard.

Crisis Counseling

Immediate and short-term psychological support provided during a crisis to help reduce stress and trauma.