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63 Cards in this Set

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Acceptance

statement or act given in response to and in accordance with an offer.

Act of God

an unanticipated event that prevents the performance of a contract or causes damage to property.

Administrative Tribunals

agencies created by legislation to regulate activities or do specific things

4 ways to get agency

agency by:


conduct- inferred from the actions of the principal


estoppel- a representation by words or conduct that a person is an agent cannot be later denied if a third party relies on that representation.


express agreement- expressed, oral/written


operation of law- out of necessity when the principal cannot act.




apparent authority

ability of agent to bind a principal where the principal has not notified third parties.

anticipatory breach

an advance determination that a party will not perform their part of a contract when the time for performance arrives.

assault

threat of violence or injury to a person.


assignment

the transfer or a debtors property to an official receiver under a voluntary assignment in bankruptcy.

attorney

lawyer

bankruptcy

a condition that arises when a person commits an act of bankruptcy under the bankruptcy and insolvency act.

battery

unlawful touching or stiking of another person

breach of contract

the failure to perform a contract in accordance with its terms

types of contractual breaches (4)

fundamental breach-


express repudiation


breach of waruntee


implied repudiation

common law

the law as found in the recorded judgements of the courts

consensus ad idem

agreeement as to the subject or object of the contract

consideration

something that has value in the eyes of the law, and which a promisor receives in return for the promise.

defamation

false statements that injure a person's reputation

dissolution

the termination of the partnership relationship

due diligence

the obligation on the directors of a corporation to ensure that effective systems are in place to comply with legislation, and to monitor the systems to ensure compliance.

dumping

the selling abroad of goods at prices lower than the price of goods sold domestically in the country of origin.

duress

the threat of injury or imprisonment for the purpose of requiring another to enter a contract or carry out some act.

duty of care

the duty not to injure another person.

duty of fair representation

duty of a union to represent its members in a fair and impartial manner.

duty to accomodate

obligation on an employer to adjust work for an employee with a recognized disability

easement

a right to use the property of another, usually for a particular purpose.

encroachment

a possessory right to the property of another that may be acquired by the passage of time.

escheat

the reversion of land to the crown when a person possessed of the fee dies intestate and without heirs

estoppel

a rule whereby a person may not deny the truth of a statement of fact made when another person has relied upon that statement.

exculpatory clause

a clause in a contract that limits or exempts a party for any liability for damage to the goods.

expropriation

the forceful taking of land by a government or government agency for public purposes

fee simple

an estate in land that represents the greatest interest in land that a person may possess, and may be passed by will or conveyed to another.

fixture

a chattel that is constructively or permanently attached to the land

force majeure

a major, unforeseen or unanticipated event that prevents the performance of the contract.

Four-fold test

Test for employment based upon


1) Ownership in tools


2) Control


3) Chance of Profit


4) Risk of loss

Fraudulent Misreprestation

A false statement of fact made by a person who knows, or should know, that it is false, and made with the intention of deceiving another.

Frustrated Contract

A contract under which performance by a party is rendered impossible due to an unexpected or unforeseen change in circumstances

fundamental breach

A breach of the contract that foes to the root of the agreement

General Damages

Restitution for losses naturally expected from a breach of contract

indemnity

the concept that distinguishes a contract of insurance from a wager

infant

a person who has not reached the age of majority

injunction

orders the person named within it to refrain from doing certain acts

insolvency

the inability of a person or corporation to pay their debts as they fall due.

joint tenancy

the joint holding of equal interests in land with the right of the surviving tenant to the interest of a deceased joint tenant.

just cause

the onus on the employer to establish grounds for termination of an employee without notice.

life estate

An estate in land in which the right to possession is based upon a persons lifetime.

Non est factum

a defence that may allow illiterate or infirm persons to avoid liability on a written agreement if they can establish that they were not aware of the true nature of the document and were not careless in execution.

nuissance

interference with the enjoyment of real property or material interference with a persons physical comfort

power of attorney

a legal document usually signed under seal in which a person appoints another to act as their attorney to carry out the contractual or legal acts specified on the document

Principal

person on whose behalf an agent acts

privity

a person cannot incur liability under a contract to which he or she is not a party.

trust

an agreement or arrangement whereby a party (Called a trustee) holds property for the benefit of another (called a beneficiary)

ultra vires

an act that is beyond the legal authority of power of a legislature or corporate body.

waiver

express or implied renunciation of a right or claim.

Rectification

The correction of a mistake in an agreement that would have rendered the agreement impossible to perform.

quantum meruit

"as much as he has earned" a remedy that permits a person to recover a reasonable price for service and or materials requested, where no price is established when the request is made.

ratification

the adoption of a contract or act of another by a party who was not originally bound.

repudiation

refusal to perform agreement/promise/contract

restitutio in integrum

to restore a party to an original position

Statute law

law passed by a properly constituted legilslative party

statutory assignment

an assignment of rights that an assignee may enforce if certain conditions are met by the assignment.

Tender

Act of performing a contract or the offer of payment of money due under a contract.

Release

A promise not to sue or press a claim, or discharge a person from any future responsibility to act.

Novation

Substitution of parties to an agreement or the replacement of one agreement by another agreement.