Contract Law | Contract Attorneys

Contract Law Conditions

Our first line of defence in this course (on reserve):
•    Waddems: Contract Law in Canada
•    Cheshire and Fifoot – designed for students and practitioners.  Authoritative.
•    Attyah – Introduction to the Law of Contract.  This one is designed for students, but is at times advanced (bold, unorthodox).
o    1x/week, should be reading material on reserve.  Pick one […]

Contract Law Jurisdicton

Acceptance
Contrast between the ordinary rule of acceptance (that acceptance is acceptance when the acceptance is communicated to the offerer – deals with time, not place), and the Postal Rule of Acceptance (Acceptance occurs when the acceptance is mailed).
When does the Postal Rule of Acceptance apply?  Obviously enough, when the post is involved.  Just because the […]

Contract Law Past Consideration

Consideration:
•    Number of plausible ways to look at the different types of agreements that the law will enforce
o    In common law, we enforce almost none of these
o    Consideration:  The type of promises that we enforce end up coinciding with what would be looked at if we said we would enforce “serious promises”, etc.
•    Requires evidence […]

Contract Law Entitlement

Assignment #1
There are some agreements that seem to have the outwards signals of a contract – offer, etc.  There are some agreements to look like contracts, but courts do not enforce.
For example, “I’ll make supper tonight if you make supper tomorrow night.”  There we have offer, acceptance and consideration.  However, if the person did not […]

Contract Law Good Faith

Intention
Intention refers to the time of formation.
•    The contract is the contract that was formed at that moment.
•    Nothing that happened afterwards is at all relevant.
•    Do not discuss intention without acknowledging that it is crystalized at the moment of formation.
•    Intention must be judge objectively.
o    People intend what we say they intend.
o    Ex:  Esquimalt:  […]