Chapter 11 Law and Equity Act Flashcards
The Law and Equity Act contains a provision that is often referred to as “the requirement of writing”. Which of the following accurately summarizes the “requirement of writing” contained in section 59 of the Law and Equity Act?
(1) A contract respecting land must be in writing or it is void.
(2) A contract respecting land can never be enforced against a party who has not signed it.
(3) A contract for the sale of land must be contained in one written document.
(4) None of the above three statements accurately summarizes the requirement of w
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Larry and Theresa orally agree that Theresa will lease 10 acres of farmland owned by Larry for 5 years. As part of the agreement Larry agrees to build a barn which he does at a cost, to him, of $10,000. Which one of the following statements is true?
(1) The lease agreement is not enforceable by Larry because it is neither in writing nor signed by Theresa as is required by section 59 of the Law and Equity Act.
(2) Section 59 of the Law and Equity Act does not apply to lease agreements.
(3) The lease agreement may be enforceable by Larry because he has altered his position by spending
$10,000 on a new barn in reliance on the lease.
(4) The lease agreement is void because it is not in writing.
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Section 59 of the Law and Equity Act of British Columbia is intended to prevent frauds from occurring in respect of the disposition of land. Section 59 provides that:
A. an oral contract respecting land is unenforceable.
B. a contract respecting land must be in writing to be enforceable by a court.
C. a written contract in respect of land is unenforceable if a term is left out or is wrongly stated.
D. where a person acts to his or her detriment in reliance on an oral contract respecting land, a court will enforce the contract if it would be inequitable not to do so.
Which of the above statements are TRUE?
(1) All of the above statements are true.
(2) Only D is true.
(3) B, C and D are true.
(4) A and C are true.
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The Law and Equity Act contains provisions for the unilateral waiver by a party of a condition precedent. Which one of the following is NOT one of the requirements?
(1) The condition precedent has been satisfied.
(2) The condition precedent benefits only that party to the contract.
(3) The contract is capable of being performed without fulfillment of the condition precedent.
(4) Where a time is stipulated for fulfillment of the condition precedent, the waiver is made before the time stipulated.
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“A contract respecting land or a disposition of land is not enforceable unless there is, in writing signed by the party to be charged or by his agent, both an indication that it has been made and a reasonable indication of the subject matter…” The preceding is an extract from which statute?
(1) Real Estate Services Act
(2) Statute of Frauds
(3) Land Title Act
(4) Law and Equity Act
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Joe, a store keeper, asked Harry, a courier, to deliver some groceries for him, which Harry did. What is the result?
(1) Joe does not have to pay Harry anything because Harry’s actions are past consideration.
(2) Harry could bring an action under the Real Estate Services Act to force Joe to pay for the services.
(3) Harry could recover a reasonable amount from Joe for his services under the principle of quantum meruit.
(4) Harry could bring an action under section 54 of the Law and Equity Act to force Joe to pay for the services.
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One or more of the following statements are TRUE.
A. A real estate licensee may safely ignore the requirement of writing established by section 59 (3)(a) of the Law and Equity Act so long as the buyer and the seller agree on the terms of sale.
B. A contract respecting land or a disposition of land which does not satisfy the requirement of writing contained in section 59 of the Law and Equity Act is void.
C. A court may order restitution or compensation when it decides that a contract cannot be enforced because of the requirements of section 59 of the Law and Equity Act.
D. The court has the power to enforce an oral contract respecting a disposition of land if necessary, to avoid an inequitable or unfair result where the party relying on the contract has substantially altered his position.
Which of the above statements are TRUE?
(1) B and C are true.
(2) A, B and D are true.
(3) C and D are true.
(4) B, C and D are true.
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