Chapter 4.2: BC Real Estate Contracts Flashcards
The law and equity act is part of _____________
Section 59
Under _________________ contracts don’t have to be in ______________ to be valid or enforceable
Common law
Writing
Under common law, contracts can be _________ or _________
Oral or implied
And written too - but not mandatory
The court will enforce oral contracts, but if they can’t, what remedies may they award?
1) deposit can be returned
2) compensation can be ordered
3) legal fees can be reimbursed (rare if other remedies are already provided)
The _______________(section______) states that in most cases a contract dealing with real estate should be in __________ to be enforceable
Law and equity act (section 59)
Writing
If the contract is not in writing, it is not _______, __________, or __________, just means it’s hard to enforce
Void, voidable, or illegal
There are _____ exceptions to Section 59
3
3 exceptions to Section 59
1) where the party seeking to enforce the contract can prove that the party denying it had acted in such a way, that indicated the existence of the contract (such as supplying a bank draft or some sort of deposit)
2) where the party seeking to enforce the contract had reasonably relied on the contract and performed some act (spending $)
3) it does not apply to leases for a term of three years or less (as 3+ year leases need to be in writing)
The _____________ deals with agreements in restraint of trade and misleading advertisement
Competition act
The _____________ ensures that each company must be free to set its own commission rates an splits with the cooperating banker
competition act
You can be charged with ___________ whether or not you actually put your agreement / scheme into effect
Premeditation baby!!
Price fixing
________________ of the Act sets out a number of criminal conspiracy offences associated with agreements between competitors
Section 45
3 illegal things a person/business can do by working with a competitor
A) to fix, maintain, increase or control the price/production for the supply of the product
B) to allocate sales, territories, customers or markets for the production or supply of the product; or
C) to fix, maintain, control, prevent, lesson or eliminate the production or supply of the product
To determine whether a given representation is false or misleading, the court is required to asses the __________________ conveyed by the representation, as well as its ______________
General impression
Literal meaning
*this is for misleading advertisement
Misleading advertisement can be _________ or _____________ representation to the public
Written or oral
For a misleading advertisement, the statement must be false or misleading in a _______________________
Material respect
*all of disclosures that effect your influence to buy
For a misleading advertisement, whether the statement is misleading is whether an _______________ person would be misled
Inexperienced
To escape liability for a misleading advertisement
You must show that you took all the care of a reasonable person and that you honestly believed the representation made was true
PIPA stands for what?
Personal info protection act
PIPA does what?
Regulates the way PRIVATE SECTOR ORGANIZATIONS, collect, use, keep, secure, and disclose personal information
There are ________ PIPA principles
10!
The 10 PIPA principles
1) be accountable
2) identify the purpose **
3) obtain consent **
4) limit collection **
5) limit use, disclosure, rentention
6) be accurate
7) use appropriate safeguards
8) be open
9) given individuals access
10) provide recourse
PIPEDA stands for what?
Personal Information Protection and Electronic Documents Act
What does PIPEDA do!
Establishes how a business engaged in commercial activity can collect, use, and disclose information