COMM 393 Study Guide - Final Guide: Collateral Contract, Fiduciary, Contributory Negligence
COMM 393 Summary Case Briefs
Liebmann v. Canada (not promoted on basis of religion)
• Charter of Rights and Freedoms (Sections 1, 2, 15, 33)
• administrative decisions made pursuant to statutory authority
R. v. 279707 Alberta Ltd. (electronics store sale not honoured)
• Competition Act (Sections 52, 57)
• Kienapple principle – cannot be punished twice for same offence
• defence of due diligence
Rudder v. Microsoft Corp. (standard form agreement clause)
• forum selection clause as a part of the standard form agreement
• You are bound by what you sign
Montane Ventures Ltd. v. Schroeder (asks for extra $10k after inquiry)
• difference between inquiry and counteroffer
• Must make inquiries clear
Caligiuri v. Tumillo (third party consideration, mother loans son money and makes
partners sign note)
• forbearance is good consideration
• consideration must flow from the promisee, but does not need to flow to the
promisor
Tulsa Heaters v. Syncrude Ltd. (type of pipe changed without objection)
• parts of contracts can be waived if no objection and the other party acquiesces
(formally and informally accepts)
• Cannot use equitable estoppel for the offensive (e.g. Tulsa relied on the promise
that welded pipe would be suitable)
Collins (re) (child tries to give mom a house)
• Infant’s Act – infants have capacity to contract if
o the contract is for the infant’s benefit and best interest and
o the infant’s circumstances don’t need the protection of the law
Maksymetz v. Kotsyk (illegal contract not honoured)
• illegal partnerships and contract are unenforceable by law
Weinman v. Brinkman (leaking basement and defects)
• purchaser must fend for himself by examining and choosing to mitigate risk with
warranty in contract
• caveat emptor – general attitude toward land purchases
• Patent defect, not a latent one
Buckwold Western Ltd. v. Sager (carpet dealing credit guarantee undue influence)
find more resources at oneclass.com
find more resources at oneclass.com
COMM 393 Summary Case Briefs
• duress – improper pressure has been placed on the guarantor (not standard
commercial pressure)
• undue hardship – guarantor could not exercise their independent will (time or
independent legal advice contradicts)
• Lady not under either!
Collins v. Dodge City East Ltd. (air conditioning appeared to work, but didn’t)
• misrepresentation allows buyers to rescind a contract if vendors fails to disclose
problem
• Easier to prove negligence than fraudulence
Phoenix Restorations v. Brownlee (non-compete clause too broad)
• restrictive covenant is prima facie void
• injunction for a restrictive covenant granted if
o applicant has proven there is a serious question to be tried
o applicant will suffer irreparable harm if not granted
o balance of convenience
• restrictive covenant enforced if
o between parties and reference to public interest,
▪ temporal length, spatial area covered, nature of activities
prohibited, and overall fairness is reasonable
o overall assessment of the clause and surrounding circumstances
o agreement is reasonable
Carlill v. Carbolic Smoke Ball (advertisement taken seriously)
• whether or not a reasonable person could see intent to enter a contract
BKDK Holdings Ltd. v. 692831 BC LTD (contract interpretation since RFP never
happened but company losr biggrest client nonetheless)
• interpreting a contract
o intent of the parties without render a term ineffective
o contra proferentem
Black Swan Gold Mines Ltd v. Goldbelt Resources (really complicated formula)
• the silence of one party cannot be construed as the acceptance of the
interpretation
• if the wording of a contract is capable of carrying a meaning, and their sense
does not depend on the surrounding circumstances
• Said that agreement pertained to only one deal, allowing shares to be diluted in
any subsequent other deal (Ruled against that)
find more resources at oneclass.com
find more resources at oneclass.com
