PARALEGAL
Contracts Notes 2.pdf

Contracts Notes 2.pdf - Notes Subject Contracts Elements of...

Info icon This preview shows pages 1–2. Sign up to view the full content.

1 Notes: December 11, 2017 Subject: Contracts Elements of a contract if one element is missing, the contract is void 1. Offer and Acceptance 2. Consensus ad idem 3. Consideration 4. Legality 5. Capacity Legality Unlawful contracts 1. Contracts that breach statute 2. Contracts that breach public policy (public good; e.g. getting bribes) Consequences Void ab initio void from the beginning; remedy is rescission (pre-contract position) Void and illegal no rescission; no enforcement; has criminal taint; attracts criminal intent o Can you use crime or unethical conduct as argument? o Clean Hands Doctrine when you go to court, you should be clean of any criminal taint (to prevent “awarding crime”) p. 61 Statute that a contract breaches Consequence / Legal Status Criminal Code Void and illegal Customs Act Void and illegal Competition Act Void and illegal Workplace Safety & Insurance Act Void but not illegal Planning Act Void but not illegal Bankruptcy & Insolvency Act Void but not illegal Do you have a statutory right? You cannot contract out of statutes Contracts have to follow statutes Example: Employment Standards Act employer must give 1 week per year of service for maximum of 8 weeks Champerty / Champertous Connivance when a 3 rd party assists for the purpose of taking part of the claim Unconscionable Transactions Relief Act statute that the
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Image of page 2
This is the end of the preview. Sign up to access the rest of the document.
  • Winter '17
  • Contract Law, Superior Court of Justice, void ab initio

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern