MIDTERM Flashcards
define duress
to force/threat/extort someone to enter a contract
define ‘undue influence’
doing smt under the control of someone else (dominant party)
eg)
-cult leader influencing you …’or else u cant go to heaven’
-marriages & families
what are examples of unenforceable contracts?
-duress
-undue influence
-mistake
-misrepresentation
regarding mistakes , when is a contract enforceable/unenforceable?
unenforceable- mutual mistakes (both parties)
enforceable- unilateral mistakes (one person)
what are the different variations of mistakes?
-existence of subject matter; unenforceable mutual mistake only when subject matter is unique or irreplaceable
-identity; unenforceable unilateral mistake when identity is relevant
-non est factum
define misrepresentation
mistatement of a material fact
eg) they told you something wrong about something that matters to you
material fact is when ur told something wrong about something that is relevant into making the decision
what are the types of misrepresentations
-innocent/negligent; entitled to recission &/or expenses
-fraudulent; intentional lie- entitled to recission &/or expenses, sue for damages
-omission/nondisclosure— utmost good faith contracts broken
what are the contracts of utmost good faith? (where you are obligated to to tell)
-insurance
-partnership
-agency
-trust agreements
define novation
when u replace a party with consent
define statutory assgnt
-an exception to privity
-assignment is in writing
-signed by assignor
-has to be absolute
-written notice to promisor
define assault vs battery
define false imprisonment
define common law
define voluntary assmption of risk
define slander
define res ipsa loquitor
define conversion of goods and example
define vicarious liability
define notwithstanding clause
define statute law vs common law
statute- law created by legislation (gov of cad, province of BC)
common- created by court decisions (precedent, case)
what are the areas of jurisdiction in provincial court?
-criminal
-family
-small claims (up to 35,000)
why choose provincial court?
-easy/fast access
-cheaper (no lawyers needed)
-simple procedure
what are the factors considered before commencing court action?
-winnable case?
-within limitation period?
-likley to collect judgment?
describe small claims court process?
- notice of claim
-file/pay fee
-service by certified mail/personal/substitutional - reply
-default jdgmnt after 14 days OR
-sttlemnt conference
-document disclosure
3.trial - judgment
