Lecture 6

Question 1

what makes up the statute of frauds?

Answer 1

• all contracts which are not to be or cannot be completed within one year of its date
• “Not to be” because all contracts don’t have an end date
• always look at the date

Question 2

when does a contract fall within the statute of frauds?

Answer 2

If it is OVER a year and it falls outside if the agreement has not completed under a year

Question 3

all contracts which are not to be or cannot be completed within 1 year of its date

Answer 3

• must be in writing and falls inside the statute

- always from the date of acceptance of the contract

Question 4

what are the 2 categories of property?

Answer 4

1) real property

2) personal property

Question 5

what is real property?

Answer 5

land or interest of land, sometimes called immovable

Question 6

what is personal property?

Answer 6

tangibles and intangibles, everything else which is sometimes called chattels, goods or things - movables.
Lease of property is personal

Question 7

what is land?

Answer 7

not just the earth, but anythign attached to the land - house, buildings, tree, fence, barn, also rock, etc.

Question 8

what is interest of land

Answer 8

anything that flows on, within, or under the land

Question 9

what is an example of a rural description?

Answer 9

township, section, etc

Question 10

what is a legal description?

Answer 10

every parcel of land has a lot or block to it the legal address

Question 11

land title system

Answer 11

includes a certificate of title.
-The modern title system such as in Saskatchewan and other western canadian provinces. land is registered and can be looked up in the office of public record

Question 12

what is fee simple?

Answer 12

in 1066 people were given “grants” of land (usage of land) they wre free people pronounced as “fief”

• Historical searches will always lead back to the queen
• no one owns land upright (absolute)

Question 13

what is the registry system?

Answer 13

not a guaranteed title system. you have to search 40 years back to see if there is any claim on the land

Question 14

What is torreans?

Answer 14

system of land registration

Question 15

what is the expropriation procedure act?

Answer 15

gives the crown the right to take back its land
-going to court will only involve the amount of compensation you will receive, however you cannot stop the government from taking your land PROVIDED it is meant to be used for public purposes

Question 16

what are the 2 classifications of co-ownership of land?

Answer 16

1) joint tenants

2) tenants in common

Question 17

what is joint tenants (ownership) with right of survivorship?

Answer 17

two or more persons own an undivided parcel of land entirety of which will go to the last survivor

Question 18

what is tenants in common?

Answer 18

two or more persons own an undivided parcel of land and eithe rperson can deal with their share as they see fit. if not, states are assumed to be 50/50

Question 19

what is the doctrine of part performance?

Answer 19

where a verbal contract for the sale of land, the purchaser performs certain acts and those acts are consistent only with the performance of that contract and no other, then he can rely on the doctrine of part performance to enforce the verbal contract for the sale of land

Question 20

how long is a verbal lease enforceable?

Answer 20

if it is under 3 years

Question 21

all contracts in the promotion of marriage

Answer 21

must be in writing to be enforceable by law. e.g. a father ofers a prospective groom money to marry his daughter

Question 22

what is an estate?

Answer 22

the assets of a deceased person

Question 23

what is executor?

Answer 23

person named in the will

Question 24

what is the administrator?

Answer 24

when there is no person stated in the will everything the person owns when they die

Question 25

what are the jobs/roles of an adminstrator/executor?

Answer 25

to determinal all assets of an estate, gather all assets, pay debts, and then distribute estate in accordance with a will or the law.
-they do not have to pay debts out of their own pocket unless they agreed to do so. but the agreement has to be in writing

Question 26

all contracts wherein one person agrees to be responsible for the debt or default of another person (contract of guarantee)

Answer 26

-must be in writing to be enforceable by law (falls inside the statute)
-there is a principal debtor and a secondary debtor
-a guarantee is voided if the terms of the contract are changed, unless unilaterally agreed upon by bank
the guarantee must not be liable for the borrower if he or she gets more money

Question 27

what is a contract of indemnity?

Answer 27

where a person assumes all debt, it does not have to be in writing

Question 28

All contracts for the sale of goods act (personal property) of the value of $50 or upwards shall not be enforceable by court action, unless…

Answer 28

the buyer shall accept (and receive) all of the goods sold and actually receive the same or in part payment (deposit) or unles some note or memorandum in writing of the contract is made and signed by the party to be charged or his agent in that behalf

Question 29

what is life estate?

Answer 29

form of ownership where the land is split between families (cannot be sold)

Question 30

what is expropiation?

Answer 30

implies the highest form of ownership (no one owns the land fully/outright/absolute)

Question 31

what is the panel evidence rule?

Answer 31

cannot bring in extrinsic evidence to contradict the agreement