Ch#1: knowledge of the law helps entrepreneurs maximize protection and avoid pitfalls. “Business decision” (PIPEDA)
Business are required to adequately protect their customers personal information or be subject to fines of up to $100,000.
CONTRACT LAW – Rules that make agreements binding and facilitate planning and enforcement expectations.
methods for Resolving Disputes: LITIGATION – Suing using formal court system. Negotiation – Communication to formalized settlement agreement.
Mediation – Resolution of dispute with the assistance of a neutral person (Mediator). Arbitration – Neutral person or panel decides, and it is usually binding.
CH#2: DIVISION OF POWERS: Federal Jurisdiction S91: pese, defence, criminal law, banking and post. Provincial Jurisdiction S92. – rights and freedoms are
NOT absolute – can be curtailed if demonstrably justifie. DOCTRINE OF PARAMOUNTCY. BYLAWS – Laws made by the municipal level of government.
RATIFY. S of Law – Constitution, Royal prerogative, statute law, common law: Judge made law. LAW OF EQUITY: Decision based on what will be fair given
the specific circumstances.
CH#5 CONTRACT: Deliberate agreement supported by mutual consideration to do some act and this agreement is enforceable in court of law.
ELEMENTS OF CONTRACT: Offer, Acceptance, Consensus ad idem (Intention), consideration. Not necessarily in writing.
CH#6 Law expects people to take care of themselves. Critical to read and understand the contract before signing it. OFFEROR AND OFFEREE.
KEY WORDS: REVOCATION, LAPSE, REJECTION, COUNTEROFFER, DEATH OR INSANITY. OPTION AGREEMENTS.
call for tenders is an offer of a preliminary contract. everyone who submits a tender is accepting the offer of a contract to govern the relationship between
parties. law will enforce a promise that is not supported by consideration if the promise is under seal, promissory estoppel, or is subject to a specialized
statutory scheme, such as the partial payment of debt
CH#7. EXPRESS TERMS : SOLID TERMS. IMPLIED TERMS: Not expressly included in contract but are necessary to give effect to the parties intention.
contract that has been put in writing.
Contractual Quantum Meruit as much as he deserved . KEY CLAUSES: ENTIRE CONTRACT CLAUSE, force majeure clause. CONDITIONAL
AGREEMENTS: Condition subsequent & Condition precedent. LIMITATION OF LIABILITY CAUSE. EXEMPTION CLAUSE (event with no liability). LIQUIDATED
DAMAGES CLAUSE (Liability on party when it breach the contract). STANDARD FORM CONTRACTS ( Non Negotiable contracts).
CH#8 Key Words: Voidable contract and Void Contract (Legal Capacity). Minors are not obligated by contract they make(voidable contract)at the option of
minor alone. LACK OF LEGAL CAPACITY TO CONTRACT. KEY TERMS: DURESS – UNDUE INFLUENCE - UNCONSCIONABLE CONTRACTS: PROOF: TWO-STEP
PROCESS 1: Proof of inequality between the parties 2: proof of exploitation. Misrepresentation Types: Fraudulent (REMEDY: RECISSION AND DAMGES)
Negligent(R: R&D) Innocent (Remedy: only recission). ILLIGAL CONTRACT: CONTRARY TO PUBLIC POLICY, ILLIGAL BY STATUTE. STATUTE OF FRAUDS
REQUIRMENT: GUARANTEES Should be written, contract dealing with land.
CH#9 TERMINATION OF CONTRACT: THROUGH PERFORMANCE, AGREEMENT, FRUSTRATION, BREACH. BALANCE OF PROBABILITIES
EMOTENESS PRINCIPLE – Defendant is responsible for reasonably foreseeable damages suffered by the plaintiff. Pain, suffering, and emotional distress are
not generally accepted as being a consequence of breach of contract. TEST FOR REMOTENESS1. Damages could have been anticipated.2. Damages are
reasonably foreseeable. EQUITABLEREMEDIES: SPECIFIC PERFORMANCE, INJUNCTION, INTERLOCUTORY INJUNCTION, RECEISSION.
CH#3 RISK MANAGEMENT PLAN : IDENTIFY THE LEGAL RISK – EVALUATE (PROBABILITY OF LOSS AND SEVERITY OF LOSS– DEVISE PLAN – IMPLIMENT
CH4# ALTERNATIVE DISPUTE RESOLUTION: PLAINTIFF AND DEFENDANT. LIMITATION PERIOD (TIME PERIOD SPECIFIED BY LEGISLATION FOR LEGAL ACTION)
TWO YEARS – 6 YEAR FOR CONTRACTULTIMATE LIMITATION PERIOD. Stages of law suit Pleading, Discovery, trail and decision, Enforcement. Burden of
proof, pleading, counterclaim, discovery