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15 Cards in this Set
- Front
- Back
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Under the Statute of Frauds, all K are unenforceable unless they are what? What is covered under the SF? (6) |
In WRITING; 1. promise by an executor to pay estate debts out of his own pocket 2. promise to answer for the debt of another 3. agreement made in consideration of marriage 4. K dealing with an interest in land 5. Agreement not performed within a year 6. Ratification of debts incurred while a minor |
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What is a guarantee? This is not enforceable unless the K is _______? |
A conditional promise to answer for debt/miscarriage of another IN WRITING |
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What is an indemnity? Does this have to be in writing to be enforceable? Who can be liable in this situation? |
A statement of promise to indemnify a creditor makes that person liable to pay debt of debtor NO The creditor can sue the original debtor OR the person who provides indemnification |
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Is land covered under the SF? Do K regarding land have to be in writing? Are there exceptions? |
YES; YES Landlord/Tenant Statute permit oral residential agreements enforceable regarding rent, repairs, and boarding rooms |
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Part performance is an exception to the Statute of Frauds - what is part performance? |
Performance undertaken in reliance on an oral K relating to an interest in land, and accepted by the courts as evidence of the K in place of a written memorandum |
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What are the 3 conditions that must be satisfied before courts will consider part performance? |
1. K must be one concerning land 2. acts of performance must suggest a K dealing with the land in question 3. activities of the plaintiff or defendant may be considered, but plaintiff must have relied on the K and must have suffered a loss |
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Under the Statute of Frauds, what are the requirements for a written memorandum concerning a K with land? (5) Are electronic signatures sufficient to bind K? Emails? |
1. only the defendant or person to be charged must sign the K 2. all essential terms must be included, including identities of the parties 3. must set out consideration 4. must describe land (lot and concession numbers) 5. does not have to be in 1 document YES; YES |
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If a K is unenforceable under the Statute of Frauds, is it void? Can an action be brought on the K? If a party receives goods and services under a K that is unenforceable because of the Statute, they are not permitted to ___________? |
NO; NO - may still choose to perform or seek to have damages paid back To retain benefit with out paying a quantum meruit value |
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If a subsequent memorandum comes into force after the original K was formed, what will happen? When does this situation often come up? |
A subsequent memorandum will render the K within the Statute as long as the document comes into existence before an action is brought; Agreements and common law situations |
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What must a defendant plead in order to have the court decide in a situation with an oral K? Who will likely succeed if the K was decided as a validly formed oral K? If a prior written K was varied, what will happen? If a party contests an oral K in the Statute in action, what will happen? |
Defendant must plead STATUTE OF FRAUDS or the court will decide the case without reference to the Statute; The plaintiff; Oral K can vary or end a written K even if the oral K could not be enforced; The oral K will fail |
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Under the Sale of Goods Act, what is a good? In Ontario, does the sale of goods have to be in writing? Unlike the Statute of Frauds, a party to a sale of goods can still enforce a K even if they cannot produce a memorandum if ____________? |
A tangible, moveable piece of personal property (does NOT apply to money or services) NO; There is an acceptance and actual receipt of goods; part payment tendered by buyer and accepted by seller; something by way of earnest given by buyer to the seller |
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What is an acceptance under the SoG Act? What is a part payment? What is earnest? |
Any contact of the buyer in relation to the goods that amounts to recognition of an existing K of sale Something tendered by the buyer and accepted by the seller after formation of K to be deducted from the price (made after K to reduce the debt) A token sum or article given to seal a bargain (does not deduct from the price - merely a token to seal the deal) |
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An oral agreement to sell goods that are to be delivered and paid for by installments over a year is okay under the SoG Act if ________? |
The seller accepts payments or buyer makes part payments |
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What are some types of contracts protected under the Consumer Protection Act? (4) When are consumers bound by these K? |
Future performance, direct sales, remote, internet Not bound unless the business has complied with the requirements of the legislation |
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Outline the Strict Approach to interpreting terms in a K. Outline the Liberal Approach to interpreting terms in a K. |
Restricts interpretation to the ordinary/dictionary meaning of the word; loos to the intent of the parties and surrounding circumstances; tends to minimize (doesn't ignore) the importance of the words actually used - negotiations leading up to K, knowledge of the parties, conduct of parties |
