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Published byOpal Edwards Modified over 6 years ago
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What you need to know before signing on the dotted line!
Canadian Contract Law What you need to know before signing on the dotted line!
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A Contract Is…… A legally binding agreement between two of more persons for a particular purpose, aka. a legal bond. A service, offer or the promise to refrain from something in exchange for compensation. An instrument/tool for the economic exchange of goods and services.
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The 5 Conditions of Contract Law
Mutual consent by both parties. Contractual Capacity. Agreement “Lawful cause” or “valuable consideration”. Compliance to certain circumstances established by law.
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Mutual Consent Contract is not binding if the consent was given by error, under physical or moral duress.
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Contractual Capacity Before entering into a contract, both parties must be able to prove they have the capacity required. Both parties must be: Of legal age Of normal intelligence Of sound mind
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Agreement The contract must have a purpose, therefore must concern a specific good or service.
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Lawful Cause and Valuable Consideration
“…the promise made must be serious and each obligation assumed by one of the parties must find a corresponding, but not necessarily equivalent or equal, promise made by the other party.”
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Compliance While not necessary in all contracts, the compliance to certain formalities provided by law is extremely important because there can be serious consequences for the parties. Ex. A valid written contract, or nondisclosure/confidentiality agreements.
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Discussion: Have you ever been party to a contract?
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