Civil Law Concepts - Contracts, Property, Family Law and Child Welfare

Question 1

Law of Contract

Answer 1

• mostly court created common law, some statutes (specific ie insurance)
• Parties agree to terms
• Enforceable in court, primarily only og parties can take to court
• Presumption in commercial agreements that they are legally binding
• Presumption does not apply to agreements with family and friends

Question 2

Key Elements of a Contract

Answer 2

1. Offer
2. Acceptance
3. Consideration
4. Intention to be Bound
5. capacity
6. Certainty of Term(s)

Question 3

Offer (contracts)

Answer 3

• Tentative promise of an exchange
• ie selling a car, buying something at a store
• Advertisements are not offers

Question 4

Acceptance (Contracts)

Answer 4

• Must be unconditional
• Can’t make counter offers as they destroy the original offer and the contract process must begin again
• Acceptance is legally binding immediately

Question 5

Consideration (Contracts)

Answer 5

• A promise that something of value will be exchange
• Usually found in the wording of the offer
  ie my car for your 9k
• “past consideration is no consideration” can make an additional deal afterwords

Question 6

Certainty of Terms (Contracts)

Answer 6

• “everything is certain that can be ascertained”
• If a judge can figure out what was imply in the terms by past dealings and industry standards they will enforce the contract in that way

Question 7

Quantum Meruit (Contracts)

Answer 7

• Presumption of a reasonable price without discussion of price
• if you have a bill too high a judge may be able to enforce a reasonable one

Question 8

Capacity to Enter Contracts

Answer 8

• Minors are only legally bound for necessaries
• Non-necessaries are voidable, NOT VOID

Question 9

Drunks and Mentally Incapacitated (Contracts)

Answer 9

• Bound for necessaries
  Voidable if:
  1. person didn’t know what they were entering into
  2. Person they were dealing with should have been reasonably aware of their state
  3. Person tries to get out of contract as soon as they regain faculties

Question 10

Written Evidence of a Contract

Answer 10

• only required if outlined in a statute
  1. Contracts for Land
  2. Guarantees (ie covering a debt)
  3. Contemplation of marriage
• need the signature of the defendant

Question 11

Remedies for Breach of Contract

Answer 11

• Court order financial compensation for losses
• Victim of a breach is expected to mitigate, you have to try to help yourself first

Question 12

Property Issues

Answer 12

1. Real property - real estate and fixtures
2. Personal property - goods and chattels
3. Intellectual Property

Question 13

Real Property

Answer 13

• Provincial Land registration System that records ownership and claims on a property
• items permanently affixed to real estate (fixtures) become real estate

Question 14

Personal Property

Answer 14

• Goods and Chattels are any property not affixed to property (cars and furniture)
• Choses in Action - pieces of paper that have value due to writing

Question 15

Sale of Goods Act

Answer 15

• Sets standard terms when goods are exchanged
• conditions relating to the quality of the product and whether the vendor has the authority to sell

Question 16

Intellectual Property

Answer 16

• Federal Statutes confer rights of ownership over inventions, business features and creative work

Question 17

Patent Act

Answer 17

• 20 years in sole profit from an invention
• when 20 years end anyone can use the invention
• Complex (expensive) processes require you to file plans with government to prove novelty and utility

Question 18

Trademarks Act

Answer 18

• For business identity features
• Need to register with the government for protection
  protection for 15yrs, renewable indefinitely

Question 19

Passing Off (trademarks)

Answer 19

• Common law tort used for protecting established business identity features not protected by the trademarks act
• Can get an injunction to protect from other companies confusing the public into think that they are affiliated with yours.

Question 20

Copyright Act

Answer 20

• Legal ownership to the creator of a creative work
• protection is automatic, don’t have to register but you can
• lasts for the life of the creator plus 70yrs

Question 21

Family Law

Answer 21

• Affected by federal statutes (divorce, marriage and civil marriage acts) and provincial statutes (matrimonial property, child custody and child/spousal supports)

Question 22

Divorce Act

Answer 22

Court will terminate a marriage if:
1. living separate for 1 year
2. Adultery
3. Physical or mental cruelty

Question 23

Child Custody and Access

Answer 23

• covered in divorce act and provincial law
• based on the best interests of the child
• start with the principle that it is in the best interest of the child to know both parents

Question 24

Support

Answer 24

• For spouse or child - determined through balance need versus ability to pay
• financial support guidelines have become part of federal and provincial law

Question 25

Child Welfare

Answer 25

• Based on the principle of societies need to intervene if a child is in need of protection
• could be due to physical, mental or emotional abuse or parents are unable/unwilling to care for the child
• or if the child is a danger to self or others