BU231 Lecture Notes - Miscarriage, Oral Contract, Tim Hortons
Document Summary
Requirement of writing arose historically, lasted over long period of time. Promise to pay debt of third party if debtor defaults. Indemnity saying they will be responsible for debt. Guarantee only if debtor defaults can sue guarantor. Talking about somebody has committed a tort or breach of contract, that"s the miscarriage. If third party says they will take care of it. Paying somebody else won"t or just doing it outright. Marriage was contract, so had to be in writing to be enforceable. 18 year old still have rights as minor. In order for ratification to properly be enforceable has to be in writing. Defendant must plead statute in order for it to be used. Oral agreement cancel first contract, sufficient to cancel written contract.
