Len's New Secretary Came in and Asked Him to Sign

question 115

Multiple Choice

Len's new secretary came in and asked him to sign four letters that she said concerned general office matters.One of the "letters" was,in fact,a cheque for $500,payable to the secretary.The secretary cashed the cheque at her bank,and when her bank presented the cheque for payment,Len refused to pay it.He said he had been tricked and it was all a mistake.On these facts,which of the following is true?

• A) He may be able to avoid his obligation on the cheque on the basis of non est factum.
• B) He would be obligated to honour the cheque no matter how careful he was.
• C) He may be able to avoid his obligation on the cheque on the basis of duress.
• D) He may be able to avoid his obligation on the cheque on the basis of unconscionability.
• E) Even if he was careless, he will not have to honour the cheque.

---

Definitions:

Effective Offer

A proposal made in such terms that upon acceptance, a legally enforceable contract is formed.

Communicated

The process of conveying information or expressing ideas and feelings through speech, writing, or other mediums.

Offeree

An individual or entity that receives a proposal or invitation to enter into an agreement.

Price

The amount of money expected, required, or given in payment for something.