LAW 122 Study Guide - Midterm Guide: Unconscionability, Estoppel, Himalaya Clause
13 Mar 2014
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Promises enforceable without consideration (pg 185: general rule: promise unenforceable without consideration, exceptions, seal = special mark on document. Not sufficient to simply use form that has word seal beside signature space. Enforceable even without consideration: promissory estoppel, the doctrine prevents a party from retracting a promise that another party has relied. If assignee wants to sue on equitable assignment, needs to include assignor as a party. 191: there is now legislation across canada creating a statutory assignment, three special requirements, must be in writing, must provide debtor with written notice, must be absolute at time it is made. Complete: all of existing debt: effect of non-compliance with requirements: Assignment and vicarious performance (pg 192: subject matter of assignment, rights generally can be assigned, obligations generally cannot be assigned (because they should be personally performed by the promisor). In some cases, it is permissible to assign duties and provide for vicarious performance: but vicarious performance is not assignment.
