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Chapter 9

Chapter 9 – Writing and Interpretation.docx

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Wilfrid Laurier University
Shelley Mc Gill

Chapter 9 – Writing and Interpretation Is Writing Necessary? - General rule o Oral contracts are legal o Proof of terms are usually the problem - Exception o Some types of contracts need to be in writing  Statute of Frauds  Consumer Protection Act 2002 Statute of Frauds - Use: to make certain types of contracts unenforceable unless they are in writing - Contracts affected: o Executor’s promise: “a promise by an executor or administrator to answer damages out of his own estate”  If the executor or administrator should make a promise to pay the debt himself, the creditor will be unable to enforce it unless it is in writing. o Guarantee: A conditional promise to pay only if the debtor defaults  The creditor must look first to the debtor for payment, and only after the debtor has defaulted may the creditor claim payment from the guarantor (does not have to be in writing)  In contrast, a person who makes a promise to indemnify a creditor makes herself primarily liable to pay.  Indemnity: a promise by a third party to be primarily liable to pay the debt (does not have to be in writing) o “Give him the goods and I will see to it that you are paid” would usually be a promise to indemnify. o Can be enforced without writing since it’s out of the statute o In contemplation of Marriage  Applies to related matters of marriage such as the arrangements about assets brought into marriage as common property (has to be in writing) o Interest in Land  Essential to have verified written records of transactions affecting interest in land, and these records must be available over many years for inspection by interested persons  Agreements to repair or build a house, or to obtain room and board are outside the statute (does not have to be in writing)  Agreements to permit taking water from a well, to lease any land, house, or other building, or even a portion of a building, are within the statute (does have to be in writing)  Part performance: performance begun by a plaintiff in reliance on an oral contract relating to an interest in land, and accepted by the courts as evidence of the contract in place of a writing memorandum o Conditions:  Contact must be concerning land
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