Formality - Contracts Under Seal and the Requirement of writing Flashcards

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1
Q

Royal Bank v. Kiska [1967] 2 O.R. 379, 63 D.L.R. (2d) 582 (C.A.)
(Seals)

Issues:
- What counts as a seal?

A

Rules:
- Must include a real seal for legal obligation, imitation or intention to make a seal will not suffice.
- Documents without consideration that have a seal are still binding.
- If not sealed, you then need consideration for legal obligation.

For something to be a seal:
(1) Must physically affix something to the paper that is a gummed wafer or something analogous (comparable).
(2) You must do so at the time with the intent that it operates as a seal with binding consideration.

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