Sie sind auf Seite 1von 6

Lecture 4 Contracts continued

September 30
th
, 2014
Current Events
CRTC
Goo!e and "et#!i$ et a #ree pact %ant to participate to see ho% media oes throuh in
Canada in the #uture
CRTC sa&s 'o(a& but %e are concerned %ith the amount o# Canadian content &ou are not
comin out %ith'
"et#!i$ sa&s %e have a !ot o# Canadian content
CRTC %ants them to prove it but the& can't
So CRTC %ants to access in#ormation %ithin Goo!e and "et#!i$
Goo!e and "et#!i$ sa&s '&ou don't have authorit& over us'
CRTC sa&s 'o(a& %e %on't !isten to both o# &ou i# &ou %on't comp!& %ith us'
)ind *obi!e
+on ,on E!ections
-ei.in is contro!!in %ho ets to be candidates
Chinese are tr&in to e$ert contro! over the peop!e o# +on ,on
China is more capita!ist then the& have been in a !on time
The& %ant +on ,on's capita!ism but the& don't !i(e their ')estern democrac&' because
China is threatened b& it
E$act same situation happened %ith Russia and /(raine
Cemented ties %ith Russia
0eop!e o# /(raine %anted to move )est not East %anted to be c!osed to E/
0rotests ma& be on the uprisin in +on ,on
Contracts
Consensus o##er and acceptance
Consideration
1ntent to be !ea!!& bound
Capacit&
Lea!it&
)hat !oo(s !i(e a contract but it is not usua!!&2
3uress
/ndue 1n#!uence
/nconscionabi!it&
*ista(e
*isrepresentation
Capacit&
1# &ou don't have capacit& &ou can't enter into a contract
4e
3epends on the province
Common !a% sa&s i# &ou are not an adu!t &ou cannot enter into a contract
*inors cannot enter in a contract
1# the& can't enter a contract then it is voidab!e
-asica!!& means one part& can et out o# the contract in this case the minor
4n e$ception is #or necessities %hich are #or the protection o# the minor
1n order to ive them the best chance o# surviva! %e ive them contracts %ithin
necessities
Some contracts %ith minors are en#orceab!e
E$5 paintba!! %aiver #or 0ro#'s son contract %ith 13 &ear o!ds not en#orceab!e
The& be!ieve that it is bindin that persuade peop!e #rom not suein
Thin( the& have a !ea!!& en#orceab!e contract but rea!!& the& don't
Can't sin o## someones riht as a parent
The& can .ust !imit their popu!ation to %hoever can sin the %aiver
6ou can a!so et insurance to shi#t it so it's covered
6*C4 Can manae the ris(, e7uipment are more spaced apart, rubberi8ed #!oors,
specia!i8ed trainin needed to pass in order to use e7uipment
Competence
*enta! competence can &ou appreciate %hat &ou are doin
The other person must reasonab!& (no% that &ou appreciate %hat &ou are doin
Su##icient!& impaired menta!!& so &ou don't reret the thins &ou are doin 4"3 the other
person must reasonab!& (no% that
Lea!it&
+ave contracts that are i!!ea! and have contracts that are pub!ic po!ic& %hich are both void
1!!ea! contracts to stea! mone&, etc5 These contracts are void meanin the& don't ever e$ist
0ub!ic po!ic&
3iscrimination %as !ea! 40 &ears ao
Contracts e$isted %here discrimination %as in it e$5 94ree not to do business %ith
certain ethnicities:
So peop!e %ere ta(in these t&pes o# contracts to court and sa&in that these are not
en#orceab!e
4 contract is void #or !ea!it&, i# it is aainst pub!ic po!ic&
Restrictive convenc& non so!icitation non;competition convenant2 96ou %or( #or me and
m& contract sa&s a#ter &ou !eave m& emp!o&ment, &ou %i!! not compete in this industr& an&
%here in "orth 4merica ever aain and &ou %i!! not carr& an& business %ith an& o# m& c!ients:
These are not non;neotiab!e because %e sined it
Courts overru!ed this because it restricts a person #rom earnin a !ivin, this is not ood #or
a !ivin
E$5 someone %ho is a computer prorammer sins that he %on't be a computer prorammer
#or 2 &ears
1# there is a severance pac(ae #or 2 &ears it is en#orceab!e
Court sa&s the& %i!! en#orce it i# it is #air
1s it reasonab!& necessar&< 1s it reasonab!e in scope<
Scope eoraphic and time reasons
/nreasonab!e in scope i# someone can't do %hat the& do in "orth 4merica #or =
amount o# &ears
)hat is reasonab!e< 6ou %on't compete %ith another business %ithin 10(m o#
m& business >can't start &our o%n business in that area?
3uress
+ave a!! the characteristics o# a contract but he he!d a un to m& head and said sin here
Contracts entered under vio!ence and ph&sica! harm
@o!untari!& entered into a contract
@o!untar& characteristic is important #or contracts to be in p!ace
E$5 )e vo!untari!& sin a contract %ith Roers
E$5 )i#e havin to sin contracts because i# she didn't her husband %ou!d beat her
/ndue 1n#!uence
/sed position o# authorit& to undue in#!uence under the person
/ses authorit& to in#!uence someone to sin a contract
Re!ationship %here one person has po%er and uses that po%er to undu!& in#!uence that person
E$5 1# &ou don't bu& this car and sin this contract &ou %on't et promoted ne$t %ee(
E$5 1'm &our doctor, i# 1 sa& that its a ood idea to bu& &ou car, then &ou shou!d do i
E$5 1'!! ive &ou a bad mar( i# &ou don't sin this
/nconscionabi!it&
+as 2 distinuishin #eatures
@u!nerab!e person A terms o# contract are ross!& un#air
E$5 Someone starvin on the street, 1'!! ive &ou a !oa# o# bread i# &ou pa& me BC00 ne$t
%ee(
*ista(e
1# there's a bias its to%ards en#orcin contract
There are certain situations %here a mista(e ma& invo!ve in no contract
E$5 a mista(e about the terms o# the contract
E$5 1 o##er to se!! &ou computers #or B1000, and &ou accept, and &ou honest!& and enuine!&
thouht &ou %ere se!!in 0C's but 1 %as se!!in *ac's this is a mista(e that is mutua! and
no contract usua!!& e$ists
-ut i# it said '1 o##er to se!! &ou 0C's', and &ou accept thin(in that &ou're bu&in *ac's then
there is a contract even i# &ou read it incorrect!&
E$5 +ave so!d him 0C's be#ore and have a contract sa&in &ou %i!! se!! computers use
historica! data that %i!! assume it %i!! be 0C's bein so!d
)i!! a!so use industr& standards
"o consensus achieved essentia!!&
E$5 Sinapore to @ancouver 1 aree to bu& the car #rom &ou %hen it reaches the doc( at
@ancouver but the boat san( there is no contract because the car doesn't e$ist, there#ore %e
are mutua!!& mista(en throuh no #au!t o# our o%n can't have a contract #or somethin that
doesn't e$ist
Car %as destro&ed incorrect!& assumin that the car %as on the %a& %hen %e entered
into the contract there %as no car
Timin is important
1# identit& is an essentia! term o# the contract then it is capab!e o# bein a mista(e other%ise it is
not
E$5 6ou persona!!& sin at m& %eddin vs5 Supp!&in me computers and 1 pa& &ou
*isrepresentation
4 statement o# #act %hich is #a!se or an e$pression or opinion o# an e$pert %hich is %ron
E$5 these !asses are prescription #a!se the& are not prescription
These !asses are suitab!e #or &ou as a !a%&er it is a suitab!e opinion
There !asses are suitab!e #or &ou as an optometrist, e$pert is %ron can be used as
misrepresentation
E$5 1 need a machine %hich can o 100,000 units D hour, sa&s it %i!! do .ust that, o##er mone&
#or machine and &ou sa& o(a& done accepted
)hen 1 et the machine insta!!ed it on!& does EC,000 units D hour
/nder contract !a% %e do have a contract
+as there been a breach o# contract< "o, so &ou can't sue #or damaes #or breach o#
contract
)hat shou!d &ou have done di##erent!&< )rite in the contract that it shou!d be ab!e to do
100,000 units per hour in the terms
6ou cou!d have otten due di!ience done have an enineer test it out better than
havin a !ea! remed& bein done
/nder contract !a% i# it is a term o# the contract then &ou can sue #or breach o# contract due to
damaes
Rescission >i# it is not a term o# the contract?2 1 can o to court and sa& &our honor 1 %ou!d !i(e
to rescind this contract, 1 %ou!d have never had entered into this contract i# 1 (ne% the truth, 1
on!& entered it because he said it %ou!d ma(e 100,000 units D hour
To sa& that a contract is voidab!e means that one person has the riht to rescind
1# it is a term o# the contract &ou can sue #or damaes or &ou can rescind it
Contract Tort
Term Sue #or damaes or rescission )as the misrepresentation
ne!ientD #raudu!ent tort !a%
damaes
"o term Rescission on!& 1nnocent no damaes
Tort !a% damaes don't re!& i# there is a contract or not
@oidab!e
Contract e$ists but can be voided b& one part&
Fne part& can rescind
4 se!!s cars to - se!!s to C
- ta(es the mone& and runs
Fn!& peop!e !e#t are 4 and C
)ho ets the car< Rescision is not avai!ab!e #or 4 because it harms C the neutra! innocent
part& %ho paid mone& and shou!d et the car
4 ot #oo!ed i# this contract %as void then 4 shou!d et the car
@oid
Contract is nothin, there %as no contract
@oid contracts never e$isted
/nen#orceab!e
6ou can have a va!id contract that is unen#orceab!e
0rivit& o# Contract
Sa&s that on!& the parties o# the contract can have rihts or ob!iations under the contract
E$5 1 aree to pa& &ou B1000, #or &ou to et person 4 to paint m& car, i# person 4 doesn't paint
the car &ou can't sue person 4, &ou can on!& sue the person in the part& #or not ettin person 4
to paint the car
4ssinment
6ou can assin &our rihts but not &our ob!iations
Remedies #or breach o# contract
+istorica!!& spea(in there %ere 2 courts2
La%
Lea! cases, precedent
The remed& the court o# !a% can ive is damaes %hich is mone&
Guite o#ten damaes are not avai!ab!e
E7uit&
Rescission
E$5 "eihbour threatenin to cut %a!nut trees because it b!oc(s sun!iht, etc5 1 sa& it
provides m& #ami!& %ith income5 4s o# riht no% 1 have no remed&, &ou can't sue him
#or damaes because 1 %ant these trees here #or another 40 &ears to provide m& #ami!&
%ith income, but &ou %ant in.unction, order o# the court #or him not to cut do%n m&
trees
1n.uction order o# the court "FT to do somethin
Speci#ic per# order o# the court TF 3F somethin
E$5 1 don't %ant damaes, 1 %ant the !and, the courts o# !a% %on't provide me %ith
!and so 1 have to o to e7uit&
Guantum *erit in Latin it means a reasonab!e amount
E$5 0hi! ,in does a reat .ob in doin a case #or someone and as(s #or 2C( in
return, u& doesn't pa& 0hi! because there %as no contract so 0hi! can't sue5 Goes to
e7uit& court and e$p!ains himse!# and as(s #or a reasonab!e amount to be paid
>7uantum merit?
0rincip!es
*ust sho% damaes are not avai!ab!e or ade7uate
*ust be acted immediate!&
C!eans hand have been honorab!e and haven't been a scumba throuhout the
matter
Cannot et an e7uitab!e remed& i# the resu!t %ere to cause harm #or an innocent third
part&
3amaes
4re mone& instead the& !eave court that somebod& e!se pa&s the mone&
4re a!%a&s represented b& a do!!ar amount
Raises di##icu!t&
E$5 +o% much in damaes %ou!d &ou receive #or a dead pet<
E$5 The !oss o# vacation %hen &ou on!& have 2 %ee(s o# vacation per &ear
E$5 The !oss o# a bod& part is a non;dominant arm %orth more than a dominant arm
Hudes %i!! a!%a&s put a do!!ar #iure to these items because there is precedent to these items
1nnocent part& has a dut& to mitiate damaes
Tr& and (eep the damaes reasonab!& !o%
3on't et credit #or arti#icia!!& in#!ated &our damaes
)hat is the !imit on damaes<
The !imit is damaes that are reasonab!& #oreseeab!e
E$5 i# &ou don't ship this pac(ae on time 1 %ou!d !ose 20 mi!!ion do!!ars in pro#its
Reasonab!& #oreseeabi!it& %hat (ind o# damaes %ou!d a courier #oresee
Termination o# Contract
0er#ormance
)hen %e do %hat %e said %e %ou!d do
)hen &ou ive me the computers and 1 ive &ou the mone& the contract %i!! be terminated
because %e both per#ormed the action
4reement
4ree on termination
9This contract %i!! terminate I0 da&s #o!!o%in one part& ivin notice to the other:
Care#u! %hen &ou are rep!acin areements, sometimes it ma& comp!ete!& rep!ace it or it
ma& operate a!on side o# the areement
Jrustration
Fccurs %hen the contract becomes impossib!e to per#orm at no #au!t o# the parties due to an
un#oreseen event
1s not per#ect but is a ood so!ution %hen parties can't per#orm the actions needed
1t has to be tru!& impossib!e to per#orm, not inconvenient or uneconomic
3eath terminates a contraction %hen it ma(es it impossib!e to #u!#i! certain #unctions
There continued e$istence is needed #or the per#ormance o# the contract
Estate has a!! the rihts and ob!iations
E$5 #ishin compan& that has 4 #ishin boats and !eases 3 boats E !icenses revo(es 2
!icenses ta(es 2 !eased boats bac( because the overnment %on't !et us #ish
This is not #rustration because &ou cannot brin about #rustration
6ou cannot set thins up to create #rustration
Can't order a##airs to resu!t in #rustration
-reach
-reach must be rea!!& serious in order #or this to occur
Jundamenta! breach must ive notice to the other person

Das könnte Ihnen auch gefallen