Lecture 12.docx

3 Pages
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Department
Commerce
Course Code
COMM 304
Professor
Balbinder S.Deo

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Lecture 12  Consumer protection act requires that someone who makes a transaction must have copy of the act or its not enforceable  Personal contracts under consumer actspersonal services, like gym contracts must be in writing as well, personal development services, where consumer payment is required in advance to purchase the good/service  A contract is frustrated when something outside the control of either party happens and it makes it impossible for them to perform in a contract o Not frustrated if it is in their control o If contract was much more difficult or less profitable, that is not frustration  If one party is responsible and tat party takes on the fault (e.g opera singer going tossing at wedding anniversary and opera singer gets a sore throat that is a frustration. If she chooses not to come, then it is not frustration, it is a breach of contract and must pay for it)  Documents mistakenly signed-pg 224, pledge non something, it is not my deed  Number of things why bargaining process is not fair, defects in contract have to be brought to an end  Sometimes a weaker party or disadvantaged, you will be allowed to get out of contract (duress or being threatened into contract, consideration was not adequate)  Economic pressure, if they are going to want you to stick, they will have to give you something else for that contract in that duress situation o More likely to be voidable if  Under the influence arises when one person is in a fiduciary relation with another person (pg.226), is one person in position of trust, like a lawyer and a client, where you put the other person’s interest above your own  If there was no fiduciary relationship or no presumption, it is up to the plaintiff to prove there was actual pressure exerted (ILA certificate)  ILA=Independence Legal Advice, certificate that lawyer fills out saying what they advised  Unconscionable transactions= it would shock the conscience of a court if this was presented before them, you can identify it because it is incredibly one sided, stronger party gets almost everything, weaker gets almost nothing o First thing you have to show is that it was basically a one sided bargain that weaker party should never have agreed to o If you can show this bargain, then you have to show inequality of bargain, really unbalanced o Presumption of unconscionable responsibility, must be rebutted, most use ILA  If someone comes to your house and pressures you into purchasing or doing something, you have 48 hours to cancel the contract, you must make sure you can contact them immediately, phone call, not really recommended through mailbox, maybe registered mail  Consumer protection act also says you cannot put unfair terms Public policy  The rule in this country is that we believe that there should be nothing that interferes in people’s business, no restraints of trade o Two ways this comes up
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