class notes - oct 1 - Equitable Estoppel and interpretation

class notes - oct 1 - Equitable Estoppel and interpretation...

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Equitable Estoppel EQUIY will enforce a gratuitous promise IF: 1. there is a contract between the parties 2. modified by one party making a gratuitous promise to the other (express/implied by conduct) to release the other from some of the obligations in the contract 3. reliance on that promise 4. hardship if that promise not lived up to 5. equity is used as a shield, not a sword, defence to claim by promisor p 83 Saskatchewan River Bungalows (Alberta) Maritime Sask R Bungalows July 24, ’84 Mr F sends cheque for $1316.00 gets lost in mail July 26, ’84 Notice from Maritime 1361.00 Aug Mr F sends cheque for $45 Nov ’84 Premium remains unpaid Feb ’85 letter to reinstate July ’85 Paid for premiums, Maritime said NO, too late P 27 Supplement – Dukes Cookies Dukes AMS P 29 – lawyer for dukes to Ams P 34 Supplement – practice questions Gilbert Steel v University Gas
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Interpretation Contract exists, but parties can’t agree on what the terms are because the contract is
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Unformatted text preview: ambiguous. Courts interpret K and statute law (SGA) Approaches to interpretation Express terms Implied terms Terms that are expressly written into the K or statute 1. plain/literal/dictionary 2. liberal – words of contract cannot be overwhelmed by contextual analysis, p 137 para 19 3. contra profesentem, case is decided against the party which had the best opportunity of choosing the language Not express terms but are deemed to exist by a court to give effect to the obvious intent of the parties (or where permitted by a statute) P 139, para 30, a term so obvious that at the time of contract both parties would have been ‘of course’ had the question to put it in the contract been raised P 131 Comptoir Blackswan Copper/silver Goldbelt...
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This note was uploaded on 12/10/2011 for the course COMM 393 taught by Professor Elaine during the Spring '10 term at UBC.

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class notes - oct 1 - Equitable Estoppel and interpretation...

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