Flashcards
Legality and Formality
Cards in this deck (19)
- 1LegalityEven though contract meets 4 requirements; must have a legal purpose (can be void if violating statute/policy)
- 2IllegalFor prohibited activities such as: murder, robbery, assault.
- 3"violate public policy" definitionA contract that may interfere with admin duties, injury public services, be of immoral acts, or cause unnecessary litigation.
- 4"violate statute law" definitionContracts that deal with the criminal code, competition act, and restraint of trade. Can be agreements such as eliminating competition, interest rates past restrictions.
- 5Restrictive Covenantprovision that continues past the closing of a deal, i.e. sales or employment. Must be reasonable
- 6Restitution (and when is it allowed?)Restitution is the act of giving back ones goods, or the value of such. Permitted where contract is illegal to grant relief. (or party acted in good faith/justifiable ignorance)
- 7Formal vs informalF: "deeds" ... requires a seal, must be in writing
I: Can be oral, written, or by gesture - 8Statute of FraudsEngland enacted in 1677. Order and stability for long term leases and other land rights. Requirement of certain contracts in writing. i.e. minors.
- 9Written contracts must include what?parties identified, terms of offer and acceptance, signed by those who intent to be legally bound, (printed or stamped signature/ seal when changing/amending)
- 10Courts duty to protect"hands off" approach; don't intervene unless necessary. They may intervene where there is a power imbalance (bad deals don't count)
- 11What is a minor?At common law 21. Minority statutes in most provinces state 18. Can depend on how person is viewed. Typically 21.
- 12Contracts with Minors (Non-Necessity)Over and beyond basic needs. "abaneto" invalid from beginning. Enforceable by minor, may require refund to minor, M may void, may argue future liability
- 13Contracts with minors (necessity)enforceable. shelter, food, transportation sometimes.
Contextual: social status may play a role. Employment, dental and medical are upheld as well. - 14Minors test of benefitPrudent and informed parent; if there is one.
- 15If a minor becomes an adult while an ongoing dispute/contract.Labelled as two parts.
a) Non-necessity are VALID unless minor disputes them (orally, writing or by action).
b) non-necessity (for one-time benefit) are invalid unless ratified in writing and signed by the minor - 16Other reasons for voidable minor contracts?When they are prejudicial or harmful, if they have a power imbalance.
- 17Capacity under impairmentDrunkenness - may void on basis of own
Mental Illness - Law is concerned with lack of capacity; and ability to manage affairs. - 18Outcome of void contractsfor minors: Adult need not be restored to their previous position. to have all property/money returned.
- 19Not fully, fully (executed) and ongoing.NF: minor may avoid terms but must return goods
F: cant be set aside, if price paid not reasonable; refund.
OG: minor can repudiate any future liability, but not money already received.
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- Paralegal Contract and Tort Law Flashcards on Legality and Formality, created by Hannah Pope on 19/03/2025.
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- Hannah Pope
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