Parties and facts
What year did the original trial happen?
2018
What test needs to be followed when ensuring that the contract is valid? Hint: Latin term
Consensus ad idem
What precedented case helped the judge classify this case as a implied contract that was agreed about based on O'Neills Conduct?
St. John Tugboat Company Ltd. v. Irving Refining Ltd.
Who was the respondent in the Appeal case?
KC and Harry Annear
What is an implied contract?
a legally-binding obligation that derives from actions, conduct, or circumstances of one or more parties in an agreemen
Which professor's definition was used by the judges when seeing if the silence and inaction are seen as approval of an implied contract?
Prof McCamus
Who was the defendant in the original trial?
What is unjust enrichment?
A benefit obtained by one person at the expense of another, without legal justification for it. The court will remedy the mistake in such case.
What Lord's definition of implied contract also found the conclusion?
Lord Blackburn
What year did the parties of this case enter an agreement?
2005
What is consensus ad idem?
Meeting of the minds
When all parties accept the contractual agreement.
What decade was the Tugboat case from?
1867
When did O'Neill sell the property?
2013
What constitutes an acceptance of a contract or agreement?
An unconditional assent to all terms of the offer, which can be expressed written or verbally, or even implied in conduct.
How much was the total of the damages?
$101,900.90