Canadian Law

Topic

Canadian Law

Instructions

Explain six possible reasons why a judge may not decide to enforce a contract and what evidence is required.

Explain three situations where an acceptance would be considered invalid.

Which five contract clauses would you consider to be most important to manage legal risk and responsibility if you are drafting a standard form contract? Explain the importance of each one.

Explain the essential elements of an enforceable contract.

Answer preview

A contract is a lawfully binding promise between two or more parties, and once an individual enters into a contract, they are expected to fulfill the terms of the contract. However, there are instances when a judge may decide not to enforce a contract due to the following reasons

  • Lack of capacity, it is expected that all the parties to the contract have the ability to comprehend exactly what is they are agreeing to do, however, in the instance, where it appears that one party did not have the reasoning ability, such a contract may be said to be unenforceable against the that individual.  For example, in the case of minor and individuals with mental disability.

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