COMM231 Study Guide - Final Guide: Posting Rule, Standard Form Contract, Contract
Document Summary
Grandma example giving money one way cannot sue in contract but can sue in restitution. In order for a contract to exist you need these 5 elements: 1) offer. Person who makes an offer is called an offerror. Person who receives an offer is called an offeree: 2) acceptance, 3) consideration. Doesn"t have to be exchange of money, could be exchange of goods or services. Value paid for the promise made : 4) legal capacity. Children and mental incapable people do not have legal capacity. Age of majority in ontario is 18. Less than 18 you are called a minor. Common law age of majority is 21: 5) intention to create a legal relationship. There must be a meeting of the minds. Courts will assume people have legal capacity and mental ability to enter a legal contract: party who is raising the issue has the onus to prove that they are mentally incapable.