Chapter 10

Question 1

statute of frauds

Answer 1

need for written evidence of certain types of contracts

-makes certain contracts unenforceable unless they are in writing

Question 2

Memorandum

Answer 2

What must be included in the written document?
§ names
§ subject matter
§ consideration
§ payment details
§ signature of paying party
§ NB signature of defendant must be present in order to be able to sue under memorandum

Question 3

What makes up a memorandum?

Answer 3

• piece of paper
• can be a letter
• does not have to be one document
• cannot rely on oral evidence to connect memoranda

Question 4

Unenforceable contracts

Answer 4

• contract that stills exists for other purposes, but neither party can obtain a remedy through court action
• cannot sue for breach of contract

Question 5

Differences in an unenforceable contract and a void contract

Answer 5

• Deposits
• recovery for Goods and Services - quantum meruit (the amount merited)
• subsequent memoranda
• defendant must plead the statute
• effect of a subsequent oral contract on a prior written contract

Question 6

Doctrine of part performance

Answer 6

gets rid of the requirement of writing

replaces written document with some sort of action (performance)

Necessary criteria for part performance:
○ has to be a contract concerning land
○ acts of performance have to clearly indicate existence of a contract respecting the land in question
○ acts have to have been performed by the plaintiff (not the defendant)

Question 7

Sale of goods act

Answer 7

• applied to goods over £10
• repealed in Ontario
• Still exists in some provinces
• avoiding the act:
  1) where there has been acceptance and actual receipt of the goods by the buyer
  2) part payment tendered by the buyer and accepted by the seller
  3) earnest

Question 8

Consumer Protection Act

Answer 8

-protection of consumers
-some agreements must be in writing
-writing must included such details:
○ detailed description of goods/services sold
○ itemized purchase price
○ name, address and contact information of vendor
○ notice of statutory cancellation rights

Question 9

Interpretation of Contracts

Answer 9

Ambiguity in language:

• multiple meanings
• special usage of words
• ex. trade expressions, local custom, units of time

Question 10

interpretation of express terms

Answer 10

strict approach:

• dictionary definition
• plain meaning of the words used

Liberal approach:

• looks to intentions of the parties at the time of K formation, ie. purpose of the parties in drafting the K
• looks to the circumstances surrounding K negotiations

Question 11

credibility

Answer 11

parties in the contract may sometimes present contradicting evidence surrounding its formation

-often necessary to have a 3rd party bystander settle the dispute

Question 12

interpretation - implied terms

Answer 12

Implied term: term not expressly included by the parties in their agreement but which, as reasonable people they would have included had they thought about it