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My name is Adam Boisclair and my Padlet will be about Contracts

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This a Video that introduces the basics about a contract,

I think this video is relevant because it explains the basics of what a contract is in simple terms and gives you everyday examples .

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This video shows the different types of contacts and goes in depth about each type of contract.

I think this video is relevant because it goes into the details of each type of contract and the video is very easy to understand.

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This is a short video explaining contract law and how it works. I think this is relevant because the video is very simple to follow and explains everything really well in simple terms.

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This is an article from the government of Canada website explaining.

this website is relevant because it explains what a deposit is and also explains the cooling off period witch is a grace period where you can reconsider or cancel for any reason.

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A contract is a written or spoken agreement between two or more parties intended to be enforceable by law. Contract law is a complex topic and can be confusing for both consumers and businesses alike. Your provincial or territorial consumer protection office has jurisdiction over contract law.

Generally, a contract is binding when the following is true:

the parties intend to make a contract

there is an offer and an acceptance

the parties receive something in return for their promises

In most cases, a consumer will sign a contract to gain ownership of or access to a good or service. In return, the company selling the good or service will receive financial payment or access to the consumer's data.

Before signing a contract, keep the following in mind:

always read the contract carefully, including the fine print

only sign if you understand and agree with everything in the contract

pay close attention to what you are responsible for and what the company must provide

research the company and check reviews

make note of any automatic renewals or cancellation dates in the contract which could cause additional fees or charges

Deposits

A deposit is usually a lump sum of money required to reserve or hold a product or service. Whether it's a deposit on a vehicle, a hall rental, a grad outfit or for a photographer's service, be sure that you want the product or service. If you change your mind, you are not, by law, entitled to get your money back. Be sure to ask what the conditions are before you put down a deposit, and only put down the minimum amount required.

If a deposit is required:

ask if the money deposited will count toward the final price of what you're buying

find out what will happen to the deposit if you cancel the contract

When possible, consider having a lawyer or a trusted professional review anything that you intend to sign.

Cooling-off period

In some provinces and territories, there is an automatic cancellation (cooling-off) period for contracts, such as, but not limited to:

health club memberships

credit cards

door-to-door sales

The cooling-off period is defined as a specific period of time in which you may reconsider your decision and cancel the contract-for any reason. Remember this only applies to certain kinds of contracts and the rules may vary by province and territory. Don't sign unless you are positive you want the product or service.

Contact your provincial or territorial consumer affairs office to learn more about the cooling-off period.

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The Office of Consumer Affairs shares things to consider before signing a contract, as well as information on cooling-off periods.

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I think this website is relevant because explains the elements of a contract.

This website talks about the 6 main elements and explains each one.

Capacity

Offer

Acceptance

Consideration

Mutual agreement

Legality.

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Family lawyer | Juzkiw Law Professional Corporation | Divorce lawyer

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What should you be careful about when entering into a contract?

Look at the crucial elements of a contract and make sure that somebody would not invalidate your Contract.

What is a contract?

A contract, in the simplest of terms, is a promise. Though not every promise is legally enforceable, eg. a promise to attend your friend's birthday party would not be legally enforceable, a contract is a promise that is legally binding and legally enforceable. Not all agreements are contracts, whereas all contracts are agreements. This would mean that in case of a breach of Contract by one party, the other party has a right to pursue the legal remedies arising from the breach of Contract.

A contract can be unilateral or bilateral;

Unilateral - This is a contract made by a single party in exchange for some action against an unidentified person, such as declaring a reward to find a stolen item.

Bilateral: Bilateral Contract, as the name suggests, is a contract entered into between two parties. These are the most usual forms of contracts.

Is an oral contract enforceable?

Yes, with some exceptions given under the Statute of Frauds, the Contract can either be oral or written. We enter into oral agreements almost every day, without even realizing it. Once such an example is when you place an order in a restaurant, you enter into an oral contract to pay the invoice for the ordered items. Realize that this agreement, even if oral, has the elements of a contract.

However, it is hard to prove the existence of an oral contract, and it is advisable to have a written agreement with all the elements of a contract for all the necessary transactions.

Statute of Frauds restricts the purview of oral contracts. It makes it mandatory to have a written and signed an agreement with all elements of Contract for the exchanges, actions, and contracts enlisted in the Statute of Frauds.

What are the elements of in Contract?

1. Capacity - A person who enters into a contract must have a legal ability to enter the Contract. For natural persons to enter into a contract, a person must have attained the age of majority, which is 18 years in Canada. The person must also be of a sound mind while understanding all elements of a contract and entering into it. If a party to the Contract is an artificial person such as a company or an estate, the capacity to contract rests with the person who has the authority to bind the company, estate of any other artificial person.

2. Offer - This is the manifestation of willingness to enter into a bargain with another party. This is usually the first step towards having a contract in place.

3. Acceptance - When an offer is accepted, there results in a contract. Acceptance is an unconditional willingness to be bound by request. Acceptance mirrors the conditions of the offer. If there is any variation communicated from the party to which the offer was earlier made, the communication would not be an acceptance but a counter-offer. In the counter-offer case, the party who initially made the offer is to accept or decline the counteroffer.

4. Consideration: There can be no contract without consideration. Consideration is something of value given in exchange for a promise. A contract would clearly state what is being sought, and for what consideration.

5. Mutual Agreement: This is an essential element of a valid contract. For a contract to be valid and legally enforceable, the parties to the Contract must agree on the same terms in the same sense. If there is any confusion concerning any of the terms, article, or consideration, where the parties to the Contract interpret it in a different purpose, it could invalidate the Contract.

6. Legality: For a contract to be valid and legally enforceable, the terms and elements of a contract should be legal in all aspects. The Contract should be for a legal objective, procured via legal means, and executed legally. Any illegality in the object, procurement, or execution might result in the Contract being void, which could not be legally enforced.

What if you did not intend to have a contract?

Not all agreements are intended to be legally binding. The court will consider the relationship between the parties to determine the intention to form a contract. It is advisable to consult a lawyer for an analysis of the purpose relating to the contracts.

On what other grounds can a contract be invalidated?

Some of the additional grounds where the Canada Court will not enforce the Contract are as under:

Misrepresentation - Where one party intentionally misrepresents specific facts that are essential and material to the Contract.

Mistake - Where there is a mistake, but unintentional. Suppose you believe something to be true when it is not, and that is no.

Duress - When someone uses threats or violence to intimidate the other party to sign a contract.

Undue Influence - When someone applies pressure on the other party to sign a contract.

Frustration - Where the Contract cannot be performed for reasons beyond the control of the parties.

There may be some other grounds, which may depend on the facts of each case. A legal professional will be able to guide you better on all the bases-the essential elements of a contract and where the Contract can be invalidated if you need it.

What are your remedies in the case of breach of Contract?

As you know by now that the Contract can be legally enforceable, numerous remedies can be ordered by the court.

Specific performance - The court can order the party to breach the Contract to perform their obligations as per the Contract.

Monetary damages can be awarded to the innocent party.

The court may order a party not to breach the Contract.

The court may rescind the Contract and place the parties in a position as if there had been no contract. Rescission is a remedy often used where a contract is found to be voided, such as in cases of misrepresentation, mistake, duress, undue influence, or unconscionability.

If you need help to develop or review a contract, call Juzkiw Law Firm. We have expertise and knowledge about Canadian Law. We will help to include the correct elements of a Contract. Call us today - 416221-2221
Disclaimer - The information on this site is provided for informational purposes only and should not be construed as legal advice on any subject matter. It would help if you did not act or refrain from acting based on any content included in this site without seeking legal or other professional advice.

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Elements of a contract in Canada - an Overview - Family lawyer | Juzkiw Law Professional Corporation | Divorce lawyer

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What should you be careful about when entering into a contract? Look at the crucial elements of a contract and make sure that somebody would not invalidate your Contract. A contract, in the simplest of terms, is a promise. Though not every promise is legally enforceable, eg.

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this Website is relevant because it gives an brief overview of each part of contract law.

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Rabideau Law - Real Estate Lawyer | Corporate Lawyer

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The following is a general description of contract law in Canada, except Quebec, and the remedies for breach.

General

A contract is a promise or set of promises, the breach of which gives a remedy or the performance of which creates a legally recognized obligation. Contract law in Canada is, for the most part, governed by the common law of the provinces and territories or, in the case of Quebec, by the civil law as set out in the Civil Code of Quebec. Originating in, and adopted from, 19th century England, the common law affecting contracts has continued to develop over the years through decisions of the Canadian courts. Certain types of contracts will be impacted by statute, and the enforcement of all contracts will be subject to statutory limitation periods.

Formalities

Except for certain contracts that must be in writing or signed under seal, Canadian law recognizes the enforceability of promises, oral or written, provided there is "consideration" flowing from the promisee to the promisor or a mutuality of promises. Courts look to the parties' bargain to determine an objective or manifest intent of the parties to be bound. Courts will also determine whether there has been an "offer" and "acceptance" based upon the type and transmission of communication between the parties.

Overview of Remedies

The law provides a multitude of remedies against those who breach their contracts. In addition to self-help remedies such as rights of set-off or termination for anticipatory repudiation, contracting parties have access to the courts for enforcement or obtaining redress in respect of agreements that are not being honoured. However, with the exception of certain types of equitable remedies (such as specific performance, injunctions or an accounting for profits), the most common and usual remedy for breach of contract will be an award of damages.

Damages

The general rule for recoverable loss in breach of contract cases is that the courts will award damages to place the aggrieved parties in the same position they would have been in had the contract been performed. Damages for mental distress or hurt feelings are not typically awarded, although Canadian courts have shown a willingness to award punitive damages in recent years for certain types of breached contracts (for example, employment and insurance). Owing in part to a reluctance of courts to award punitive damages for the breach of private agreements and the fact that most breach of contract cases will be heard by a judge and not a jury, the vast majority of broken contracts will result in damages governed by the general rule mentioned above.

Equitable Remedies

As a general principle, Canadian courts will not compel the performance of a contract. However, where it can be established that damages will be an inadequate remedy, Canadian courts have the power to order specific performance of a contract or to issue injunctions preventing the temporary or permanent breach of an agreement. In addition to, or in lieu of, this type of equitable relief, courts may also award damages but these are not awarded on the same principles as those governing common law damages. For example, damages might be awarded instead of an injunction where the injury that will result from a future unlawful action (such as a threatened trespass on land) can be adequately compensated for in damages. The breach of certain types of contracts (for example, distribution of licensed goods) may also entitle the aggrieved party to elect an accounting of the breaching party's profits.

Liquidated Damages

In some contracts, the parties may choose to specify a liquidated sum of damages in the event of breach. The caveat here is that the specification of liquidated damages cannot be a penalty. If the liquidated damage clause is enforceable, it will avoid the need for the aggrieved party to prove their actual damages. In the absence of a liquidated damages clause, the aggrieved party will be entitled to damages directly resulting from the breach and consequential damages in the minds (or which ought to have been in the minds) of the parties at the time of contract.

Excuses for Non-Performance

Excuses for non-performance can include mistake (with or without rectification), misrepresentation, unconscionability, fraud, illegality or rendering the contract void for reasons of public policy. As mentioned above, certain contracts such as consumer agreements can be set aside for statutorily prescribed reasons. In some cases, performance of the contract may not be possible because events which neither party had anticipated have rendered the agreement radically different from what was undertaken by the contract.

Other Restrictions

Statutory limitation periods will impact upon enforceability depending upon when the breach occurred. The ability to enforce may also be affected by waiver or estoppel although most commercially written contracts will contain express provisions dealing with such matters. The assertion of collateral contracts affecting the primary contract may also affect enforcement.

If a contract to which you a party has been breached or if you are concerned that it will be breached contact Rabideau Law to better understand and protect your legal rights.

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A general description of contract law in Canada.