Anne of green gables licensing authority inc. v. anonlea traditions. Decision: in a contract for the delivery of goods, the failure to deliver is a fundamental breach (condition???) An exemption clause fails to be effective: when on its true interpretation the clause does not cover the incident. Bitz, szemenyi, ferguson & mackenzie v. cami automotive inc. Bitz and received the damages (legal fees that mr. m incurred) that was in the original assignment: defendant required to pay twice. Ratio: the plaintiff is entitled to summary judgment against the defendant, an equitable assignment to a contract is binding. Frauds- the booths had a tenancy agreement of frauds to be enforceable, however, there is the exception of past performance (individual has relied on and acted pursuant to the oral agreement) The trial judge decision: found that there was an enforceable oral agreement for resale of the land and ordered the title of the land to be transferred to the booths.