Study Guides (238,613)
Canada (115,253)
Law (360)
LAWS 3003 (14)
all (3)

laws3003 midterm review.docx

9 Pages
Unlock Document

Carleton University
LAWS 3003

1thFebruary 24 2014 LAWS3003BLecture Week 7rdMidterm ExamNext Monday March 3 615pm in SA 624 2 hour exam closed book 3 questions After next week then we have a few more classes before the final we will be doing the final ththstexam review on March 17 and March 24 the 31 will be a tutorial class for anyone who needs thextra help with somethingpossibly no class on the 7 April depending on how the professor is feelingthFinal exam is April 25 Now Midterm ReviewOffers types of offers important concept that the parties intend to create legal relations expressly or by implications certain factors to consider nature of transactions and any presumptions that might apply commercial matters or family matters etc what form is used The more you have certainty the more there is a likelihood the courts will find a contract consideration can you find it between the partiesDetrimental reliance between the parties The more that this is proven the more likely the courts will find a contractNO INTENT NO CONTRACTCasesBalfour v BalfourCommon for husband and wife to make arrangements but they are not contracts rebuttable presumption that they are not to be legally binding intent Rose and frankBusiness relationship in business or commercial relationships there is a rebuttable presumption that the contract WAS intended to be legally binding In this case no contract not intended to be bindingintentIn respect of this intention to create legal relationships we1Determine context of relationship2Determine if any presumptions are rebutted see casesCourts do NOT ask what the parties thought use an objective test based on reasonable person test of how the conduct and contract would be interpretedAND the onus of rebuttal falls on the person making the claim before the court If I think the contract not binding I must prove that 3Determine whether the doctrine of contra preferendum applies does the court find in favour of the person who did NOT draft the contract These were introductory remarks before we talked formally about offers but they are important Should be mentioned in any questions revolving around offers INTENT TO BE BOUND and what that means What is the nature of offersAn offer is more than just an invitation to treat its more than quotation of price it MUST be able to be accepted so that a contract may be formedCase lawBurton
More Less

Related notes for LAWS 3003

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.