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ADMS 2610 (409)


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York University
Administrative Studies
ADMS 2610
Robert Levine

ADMS2610 Session 2 Chapter 10 (pg. 179-192) Requirements of Form, Writing and Privacy Formal and Simple Contracts - (1) Formal (derives its validity from its form) o Not common o Also referred to as a covenant - (2) Informal (simple and the most common) o Implied o Oral o Written - In most provinces, many kinds of agreements still need to be made under seal to be enforceable - Power of attorney (a legal document usually signed under seal in which a person appoints another to act as his or her attorney to carry out the contractual or legal acts specified in the document) o Is a formal document - Informal contracts were enforced by the church Statue of Fraud - Imposed the requirement of writing for certain informal contracts - Was designed to prevent perjury and fraud with respect to leases and agreements concerning land - The effect is that none of the following may be brought in a court of law unless they are in writing and signed by the party to be charged: o A contract concerning an interest in land o A promise by an executor or administrator to settle a claim out of his or her own personal estate o A guarantee agreement Types of Contracts - (1) Contracts by Executors and Administrators o Executor or administrator of an estate is not generally liable for the debts of the testator (the estate) o Can personally assume such debts but only if such contract is in writing - (2) Guarantees o A collateral promise (in writing) to answer the debt of another (the principal debtor) if the debtor should default in payment o 3 parties in a guarantee  Creditor  Debtor (primary liability)  Guarantor (second liability) o Consideration is required to enforce the guarantee o In Alberta (Alberta guarantees Acknowledgement Act) the guarantor must obtain a notarized certificate of independent legal advice for his guarantee to be enforceable by the creditor o Must distinguish between guarantees and indemnities  Guarantees must be in writing  Indemnities need not be in writing - (3) Assumed liability for a tort o Third party promises to compensate a person who is injured by the tortuous act of another, rather then by the person’s failure to pay a debt o An agreement whereby a third party promises to answer for the tort of another  Must be in writing  Signed by the party to be charged  If none of the two conditions are met, then the promise will not be enforceable - (4) Contracts concerning an interest in land o Vagueness of the wording gave rise to much litigation o Includes sale of land or lease of land o Does not include those things ancillary to the land or remote (repairs, renovations) o Does not include room and board contracts o Part Performance (a doctrine that permits the courts to enforce an unwritten contract concerning land where certain conditions have been met)  Relief developed by courts to avoid the effect of statute  Allowed courts based on equity to enforce an unwritten agreement concerning land  Requirements:  (1) Acts performed relate to land in question  (2) Lack of a written memo would perpetuate a fraud and a hardship on the person  (3) Agreement must relate to an interest in land  (4) Agreement must be valid and enforceable apart from the requirement of writing and verbal evidence must be available to establish the existence of the agreeme
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