Frank Entered into a Contract with Paradise Equestrian Services (PES)

question 56

Multiple Choice

Frank entered into a contract with Paradise Equestrian Services (PES) .The purpose of the contract was to allow Frank's child, Sonny, to learn to ride horses.The situation was somewhat complicated by the fact that while Frank lived in Prince Edward Island, Sonny was starting college in British Columbia, where PES was also located.In an attempt to make it easier for Sonny to take action on the contract, if any problems arose, Frank made sure that the agreement contained Paragraph 13, which says, "The promises that PES gives under this contract are given to Frank to hold for the benefit of Sonny." Which of the following statements is most likely to be TRUE?

• A)Paragraph 13 is null and void under the decision in Vandepitte v Preferred Accident Insurance Co.
• B)PES is a trustee under the contract.
• C)Frank is a beneficiary under the contract.
• D)Sonny is a trustee under the contract.
• E)Frank is a trustee under the contract.

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Definitions:

Lateralization

The inclination for certain cognitive functions or neural processes to be stronger in one brain hemisphere compared to the other.

Myelination

The process by which nerve fibers are coated with a protective layer of myelin, which speeds up the transmission of electrical signals.

Sidedness

The preference most people show for using one side of their body more than the other, typically manifested as right-handedness or left-handedness.

Brain

The complex central organ of the nervous system, located in the head, responsible for coordinating sensory information and directing motor functions; the site of consciousness, thoughts, memories, and emotions.