ADMS 2610 Lecture Notes - Personal Information Protection And Electronic Documents Act, Parol Evidence Rule, Perjury
21 Jan 2013
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Formal and simple contracts (1) formal (derives its validity from its form: not common, also referred to as a covenant (2) informal (simple and the most common, implied, oral, written. In most provinces, many kinds of agreements still need to be made under seal to be enforceable. Imposed the requirement of writing for certain informal contracts. Was designed to prevent perjury and fraud with respect to leases and agreements concerning land. Signed by the party to be charged. Relief developed by courts to avoid the effect of statute. Allowed courts based on equity to enforce an unwritten agreement concerning land. (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 agreement.
