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Third Lecture of Contract Law.docx

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Western University
Philosophy 2080
James Hildebrand

Wednesday, November 13, 2013 Contract Law III Privity of contract  Only the people that can be bound in the contract are the only people that are involved in creating that contract Corporation is a separate legal entity  Legally is a natural person Consideration-the bargain part of the contract, element of reciprocity, subject value of the contract, benefit given of detriment suffered, have to prove that it moves from promisee (any person to who the promise is made) to promisor  Consideration cannot be something that you are legally obliged to do Past consideration-no consideration Courts will not measure the adequacy of the consideration, but the sufficiency of the consideration A promise not to sue is a thing of value Seal-will bind a promise in the absence of consideration  Replaces the need for consideration Dalhousie v Boutillier (Sargent v Nicholson)  A person promises to donate Dalhousie University $5000 in the 1920s  The person fell into hard times financially due to the depression  This person wrote letters to the university saying he would not be able to fulfill the obligation  After the man died, the university sued this man’s estate  Statutory limitations period-you have to bring a claim within a certain period of time  Mutual promises doctrine-you promised to give us money, we promised to go on as a university  Courts said that the university cannot prove that they did anything based on that promise  Making a charitable donation is gratuitous Ward v Byham  In England, the defendant and the plaintiff lived together in the 1950s, they had a child out of wedlock, she moved somewhere else and he kept the child  He hired the neighbor one pound a week to look after the child  The mother wanted to see her daughter sometimes  He had some conditions Wednesday, November 13, 2013
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