BU231 Lecture Notes - Lecture 8: Condition Precedent, Collateral Contract
Document Summary
When writing required: statute of frauds, consumer protection act. Adding terms to what is written: sale of goods act. General rule: oral contracts are legal but proof of terms is usually the problem. Exception: government has decided that types of contracts need to be in writing. In ontario 2 pieces of legislation: statute of frauds, consumer protection act 2002. Limits: part performance in land, must plead the statute. Contracts between business and consumer- goods and services. Types: future performance, time share, remote, personal development, internet, credit and direct sales, leasing. Cancellation right- example direct sales 10 day after or no copy. Rescission right only to the consumer: voidable. Contra preferentum: new cpa-in favor of consumer s. 11. Implied terms- reasonableness and custom, sale of goods act (illustration. Defined: information about negotiations outside the written contract, examples: earlier drafts of the contract, previous offers, letters, emails, phones messages, this is often used to prove misrepresentation, duress, mistake etc.
