Академический Документы
Профессиональный Документы
Культура Документы
← Passing law
• Ultra Vires
• Additional law for challenging legislation
o Charter of Rights
o Constitution can be changed only with the consent of the
federal gov’t and 2/3 rep 50% of population
←
← Government Action
• Charter
• s.2 fundamental freedom
• s.7-14: legal rights `
o promptly informed of right to counsil etc.
• s. 15: equality rights
• s. 33 override
o 5yrs
o Gov’t cannot override aboriginal rights
• Lord’s day act
←
← Mandatory Retirement
←
← UBC – not gov’t
← Colleges – are – covered by charter
• Why gov’t got rid of mandatory retirement?
o Too many old, too few young to support
←
← Criminial code – prevents polygamy
←
← Leibmann Case end
←
← Alternative methods to dispute resolution
←
← Alternatives:
• Negotiation
• Mediation
o parties agree to appt mediator to try to help reach settlement
o identify common ground
o med is not binding and does not decide dispute
o no forced agreements
o mediator is just a facilitator
• Neutral case evaluation
o decision probably will mirror what a judge will say in a trial
o don’t need to accept decision
o may help parties
• Arbitration
o Binding decision
o parties must agree to go to arbitration
in event of dispute involving this contract, the argument
will go to arbitration under these rules…
o Should be faster
o Non-appealable
Under all these terms, risk passes when the goods are delivered to the
carrier.
s. 3 If there’s an unconditional contract for the sale of specific goods (id’s)
this is an unconditional contract in a deliverable state ready to go – passing
of title occurs when contract is made. Risk and Title passes.
Risk will pass at a specified time – risk will pass after a reasonable time
Subsection 7 –
← (7) If there is a contract for the sale of unascertained or future goods by
description, the property in the goods passes to the buyer when goods of that
description and in a deliverable state are unconditionally appropriated to the
contract
← (9) If, in pursuance of the contract, the seller delivers the goods to the buyer
or to a carrier or other bailee, whether named by the buyer or not, for transmission
to the buyer, and does not reserve the right of disposal, the seller is deemed to
have unconditionally appropriated the goods to the contract.
• Made the goods deliverable to ME in specific, unconditionally
I have ordered 100 chairs to be delivered by robin’s trucking. Once the seller
delivers to the carrier, title passes to me.
DISCHARGE
When do contracts end?
1. PERFORMANCE
• Agreed to terminate performance prematurely
• Issue of consideration
2. AGREEMENT
3. STATUTE
o Ex. Limitations act in BC
o Provincial statute – after a certain length of time, contractual
limitations are at an end (generally 6 years) 6 years from
what?
After the last acknowledgment of the contract
Obligations terminated because of limitation
4. BANCRUPCY/SOLVENCY ACT
o Assets are liquidated
o Courts can discharge you in bancrupcy
o Court can decide you can work hard and pay off – no right to
bancrupcy
o For the honest but unfortunate debtor
Discharge
POOL & SHANKS