Contracts Notes 2.pdf

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

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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
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  • Winter '17
  • Contract Law, Superior Court of Justice, void ab initio

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