BU231 Lecture Notes - Lecture 10: Summary Offence, Indictable Offence, Severability
Document Summary
Bu231 lecture #10: contract (continued) & legality. Capacity it is presumed that the parties have capacity to contract the burden of proof is on the party alleging a lack of capacity. Indians broken down into bands hierarchy (chief) negotiating between. Insane = need to establish that their mental illness affected their decision at the time. Legality: presumed so the burden is on the party alleging illegality, void = you can get your money back illegal = void, unenforceable, you can"t get your money back. Statutes if the contract is prohibited by a statute then you look at that statute to determine its status the language will say void or illegal or unenforceable construction lien act, Competition act: bundling reduces competition (puts together something you want with something you don"t want, i. e. cable packages, a statute may allow a contract that otherwise would be illegal (against public policy) insurance act.
