CONTRACTS J. Marc MacEwing January 20, 2015. DEFINITION A promissory agreement between two or more parties that creates, modifies or destroys a legal.

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Presentation transcript:

CONTRACTS J. Marc MacEwing January 20, 2015

DEFINITION A promissory agreement between two or more parties that creates, modifies or destroys a legal relationship.

FUNDAMENTALS 1. Offer 2. Acceptance (consensus ad idem) 3. Consideration 4. Privity - Only a party to a contract can sue or be sued under it

ISSUES 1. Pre-contractual/contractual - invitation to treat 2. Verbal/written 3. Express/implied

UNENFORCEABLE CONTRACTS 1. Misrepresentation 2. Mistake 3. Duress/undue influence 4. Illegal/immoral 5. Lack of capacity

BREACH OF CONTRACT 1. Damages - The amount required to put the non-breaching party in the position it would have occupied had there been no breach 2. Foreseeability 3. Proximity/remoteness

QUANTUM MERUIT AND PERFORMANCE UNDER PROTEST 1. "What it is worth" 2. Entitlement in the absence of contract - in lieu/ceased to exist 3. Section 62 of the British Columbia Law and Equity Act