Definitions
A major/essential term of a contract.
What is a condition?
Force or pressure exerted upon a person to coerce that person to enter into a contract.
What is duress?
The transfer of rights under a contract to another party.
What is assignment?
When one party refuses to carry out the terms of the contract.
What is repudiation?
The most common remedy for a breach of contract
What are damages?
A defence raised by a party to a contract asking the court to declare a contract void because the party was unaware of the nature of the contract.
What is non est factum?
The relationship between doctor and patient is a relationship in which the courts will presume there is some degree of:
What is undue influence?
A principle that contract terms, including benefits and liability, only apply to the actual parties to a contract.
What is privity of contract?
A contract term that anticipates some catastrophic event, such as a riot, invasion, earthquake, or flood that will interfere with the performance of the contract.
What is force majeure?
This type of clause specifies the amount of damages to be paid as an estimate of projected loss
What is a liquidated damages clause?
The requirement of victims to a contract breach to keep their costs as low as possible
What is mitigation?
For this type of misrepresentation, you need to establish that the person being sued knowingly misled the victim.
What is fraudulent misrepresentation?
The principle that courts will not permit outside evidence to contradict the clear wording of a contract.
What is the parol evidence rule?
The occurrence of a condition subsequent is a way that the contract can be discharged by ___________.
What is agreement?
An equitable remedy that prevents a party from doing something.
What is an injunction?
This is a term in a contract that must be met before the contract becomes fully operational
What is a condition precedent?
An equitable doctrine that allows courts to set aside a contract in which a party in a superior bargaining position took advantage of another party, resulting in an unfair contract.
What is unconscionability?
This exception to privity of contract would arise in a situation involving an existing lease in a house that is sold.
What is land?
When determining who suffers the loss when a contract is discharged by frustration, provincial legislation now allows the court to do the following:
What is apportion the costs?
These remedies can be ordered when a fraudulent misrepresentation which induces another person to enter into a contract.
What are rescission and/or damages?
The creation of a new contract through the substitution of a third party for one of the original parties to a contract, with everyone's consent
What is novation?
The test applied by the court to determine the correct interpretation of the contract in cases of mutual mistake.
What is the reasonable person test?
A trust inferred by the courts to benefit a third party to a contract.
What is a constructive trust?
Frustration that arises when one of the parties to a contract causes or fails to prevent a frustrating event.
What is self-induced frustration?
When there is an anticipatory breach, what options are available to the victim?
What is insist on performance or sue?