Final Case Facts Flashcards
1
Q
Governors of Dalhousie College v Boutilier’s Estate
A
- D promised Dal $5000 for undetermined improvements
- Had financial hardships then died
- Promise not completed
2
Q
Eastwood v Kenyon
A
- Guardian P takes out loan for Sara
- S became of age and promised to pay (paid 1 years interest)
- S married D who promised he would pay
- D did not pay so P sued
3
Q
Lampleigh v Brathwait
A
- D kills someone, sends P for pardon from king
- P rode cross country and got the pardon
- After D promised to pay P 100p
- D does not pay P sues
4
Q
Stilk v Myrick
A
- Sea voyage
- P was to be paid 5p per month
- 2 seamen deserted
- Crew + Captain entered agreement saying for the extra work the crew would split the deserters wages
5
Q
Gilbert Steel v University Construction
A
- P and D had contract to deliver steel
- Price went up P approached D for new written contract and D said yes
- Price went up again, D less willing, worked out oral deal to pay new price
- D pays the amount in the 2nd agreement not the oral one (3rd)
6
Q
Williams v Roffey Bros
A
- D contractor, subcontracted to P
- P had financial difficulties cause price for the work was too low
- D concerned P might not finish on time
- D offered to pay more so P would speed up
- D did not pay the full amount owed
7
Q
Greater Fredericton Airport Authority v Nav Canada
A
- D was the sole provider of aviation equipment to P
- P needed new runway
- D said they needed a new tech system to do it and drafted a new agreement saying P would pay for it
- P said they weren’t bound to pay but “under protest” signed saying they would pay for it
- D installed equip. P didn’t pay
8
Q
Foakes v Beer
A
- F owes B money from a law suit
- Agreed F would pay $500 immediately and $150 every 6 months
- B says she’s entitled to interest because debt wasn’t paid off immediately
- F said contact didn’t mention interest
- B said no new agreement cause no consideration
9
Q
Re Selectmove Ltd
A
- S didn’t make tax/insurance payments from employees pay cheques
- Made a deal with tax collector to accept the amount in arrears
- Collector said he needed approval and he would get back to them if the deal wasn’t acceptable
- Then Crown demanded payment in full
- S made payments after but not in strict accordance with the deal
- S sold to another company
- Crown sought winding up petition
10
Q
Foot v Rawlings
A
- F owed R large sum from build up of promissory notes
- R was old and realized the current agreement wouldn’t get him the money in time to enjoy it
- R proposed new agreement that F would pay less in exchange for post dated cheques every 6 months
- F followed
- R cashed some cheques but then sued for remaining amount
11
Q
Central London Property v High Trees House
A
- P leased flats to D for 99 years at 2500/year
- P agreed to accept half priced rent because of trouble renting in wartime
- Then after a while tried to claim full rent again along with arrears for the half rent years
12
Q
Combe v Combe
A
- P claimed D (ex husband) agreed to pay $100 per year
- P didn’t seek support besides this
- D acknowledges this but has never paid
13
Q
D & C Builders v Rees
A
- D hires P to do work
- D had some money still owed and was not paying
- No dispute about the work
- D claims bad work and says they will only pay a lesser sum, it’s that or nothing
- P reluctantly accepts, settlement
- P still tries to collect full amount, D says they are estopped due to settlement
14
Q
Waltons Stores v Maher
A
- W wanted to lease land owned by M
- W wanted building demolished and built to their specifications
- Due date which M told W they could not meet unless they began demo immediately
- Lease was never signed
- W silent on amendments they had not agreed to
- Building was demoed and new building started (W could see this)
- Weeks later W returned unsigned lease and said they didn’t want to proceed
15
Q
John Burrows Ltd v Subsurface Surveys Ltd
A
- S purchased B’s business
- Part of purchase price was secured by promissory note
- Note provided for monthly payments and had acceleration clause saying B could collect in full if there was default of over 10 days on payments
- Every payment was late but accepted without protest or invoking clause
- Disagreement between parties
- B sued for whole amount when S paid late on next payment
