BU231 Lecture Notes - Lecture 9: Rescission, Enemy Alien, Ultra Vires
Document Summary
Business need"s efficient standard contract, as long as it brings attention to particular clauses which have a strong impact on the consumer supreme court of canada. Carlill v carbolic smoke (1892) 2 q b 484 (case 6. 4) Offers maybe made to an indefinite number of people. Acceptance may be communicated by performance of the contract unilateral; acceptance and performance are one. Formed and performed in one day when you purchase something all in one. Bilateral is promise now and perform later formed one day, performed later ie lease agreement for apartment, lost items with reward if found. The price you pay for the promise of the other. Gratuitous promises are unenforceable do not have consideration(exchange of promises to rebut another). Past consideration will not meet the test. Intention is presumed and the burden is on the party seeking to avoid the contract to rebut.
