COMM 393 Study Guide - Final Guide: Tax Shelter, General Tire, Financial Statement
Document Summary
The constitution act and the charter of rights and freedoms. General tire canada v. aylwards ltd cb 598. According to the parol evidence rule, if there is a clear, unambiguous written agreement and later one party argues that there were further oral or written terms not included in the contract, the court will. Not hear any evidence from that party that would vary, contradict, add to or subtract from or quality the written agreement. Thus, when there is no evidence that the term was omitted by error the party will be held to the agreement as it is written. If a contract is frustrated, then the contract is discharged and the law excuses performance of both parties to the contract; neither party can sue the other for damages. Brealta energy inc v. first capital management ltd cb 618. Any claim for damages in contract must pass one of the above tests otherwise it is not recoverable.
