Making a Contract - Revision history

Drew Jackson at 19:57, 25 April 2017

2017-04-25T19:57:48Z

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	{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= March 2017}}{{Consumer Law Essentials TOC}}		{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= March 2017}}{{Consumer Law Essentials TOC}}

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	Every time you buy a pair of shoes, sign up for cellphone service, or call a plumber, you are making a '''contract'''. Given how common contracts are in our daily lives, it’s helpful to know something about how they are created.		Every time you buy a pair of shoes, sign up for cellphone service, or call a plumber, you are making a '''contract'''. Given how common contracts are in our daily lives, it’s helpful to know something about how they are created.

Drew Jackson: /* How can you sign a contract? */

2017-04-25T19:56:17Z

How can you sign a contract?

← Older revision		Revision as of 19:56, 25 April 2017
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	=== How can you sign a contract? ===		=== How can you sign a contract? ===
	Under BC law, there are some contracts you have to sign with a handwritten signature for them to be considered enforceable. Examples are a transfer of land, a will, and a power of attorney.		Under BC law, there are some contracts you have to sign with a handwritten signature for them to be considered enforceable. Examples are a transfer of land, a [[Writing Your Will\|will]], and a [[Power of Attorney\|power of attorney]].

	But for most contracts, you don’t have to actually sign a piece of paper to “sign a contract”. You can sign most contracts by:		But for most contracts, you don’t have to actually sign a piece of paper to “sign a contract”. You can sign most contracts by:

Drew Jackson: /* Does a contract have to be in writing? */

2017-04-25T19:54:58Z

Does a contract have to be in writing?

← Older revision		Revision as of 19:54, 25 April 2017
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	* When '''real estate''' is involved, all agreements must be in writing. An agreement to buy and sell a home must be in writing, and so must the mortgage that makes the purchase possible.		* When '''real estate''' is involved, all agreements must be in writing. An agreement to buy and sell a home must be in writing, and so must the mortgage that makes the purchase possible.
	* Contracts containing a '''guarantee''' must be in writing. A guarantee is an agreement where one party agrees to pay the debt of another person if that person defaults on the debt.		* Contracts containing a '''guarantee''' must be in writing. A guarantee is an agreement where one party agrees to pay the debt of another person if that person defaults on the debt.
	* A ~~“distance~~ sales ~~contract”~~ must be in writing. This kind of contract is one that is entered into not in person (for example, online or over the phone) and there is no opportunity to inspect what you are buying.		* A "'''distance sales contract'''" must be in writing. This kind of contract is one that is entered into not in person (for example, online or over the phone) and there is no opportunity to inspect what you are buying.
	* A door-to-door sales contract, known under the law as a ~~“direct~~ sales ~~contract”~~, must be in writing.		* A door-to-door sales contract, known under the law as a "'''direct sales contract'''", must be in writing.
	* A '''payday loan agreement''' must be in writing. Payday loans are small, short term loans - for $1,500 or less, that must be repaid within 62 days, when the borrower receives their paycheque or other income.		* A '''payday loan agreement''' must be in writing. Payday loans are small, short term loans - for $1,500 or less, that must be repaid within 62 days, when the borrower receives their paycheque or other income.

Drew Jackson: /* What does “intention” to be bound mean? */

2017-04-25T19:51:24Z

What does “intention” to be bound mean?

← Older revision		Revision as of 19:51, 25 April 2017
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	Although there must be something of value exchanged in order for a contract to be created, the exchange doesn’t need to be even. What is paid by one party need not be comparable in value to what the other party is giving. There can still be a contract, for example, when a person rents out a room in their house to a friend for a nominal amount like $10 per month. As long as there is an exchange of something of value to each party, the contract will typically be enforceable.		Although there must be something of value exchanged in order for a contract to be created, the exchange doesn’t need to be even. What is paid by one party need not be comparable in value to what the other party is giving. There can still be a contract, for example, when a person rents out a room in their house to a friend for a nominal amount like $10 per month. As long as there is an exchange of something of value to each party, the contract will typically be enforceable.

	===What does ~~“intention”~~ to be bound mean?===		===What does "intention" to be bound mean?===
	Not all agreements are contracts. For an agreement to be legally enforceable as a contract, both parties must intend to be bound by their promise.		Not all agreements are contracts. For an agreement to be legally enforceable as a contract, both parties must intend to be bound by their promise.

Elena Renderos at 20:23, 23 April 2017

2017-04-23T20:23:21Z

← Older revision		Revision as of 20:23, 23 April 2017
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	On the other hand, a minor '''can''' enforce a contract against an adult party to the contract.		On the other hand, a minor '''can''' enforce a contract against an adult party to the contract.
	{{PLSStorybox		{{PLSStorybox
	\| image =		\| image = [[File:Headshot_-_Consumer_Law_-_Jordan_-_2017.jpg\|link=]]
	\| text = "I agreed to paint my neighbour Harold’s fence this summer for $200. Then my family organized a big summer trip to Europe. My dad told me that because I’m 17, I could get out of the contract to paint the fence without any penalty. Because I’m a minor, I could enforce the contract against Harold, but he can’t enforce the contract against me." <br>- Jordan, Chilliwack		\| text = "I agreed to paint my neighbour Harold’s fence this summer for $200. Then my family organized a big summer trip to Europe. My dad told me that because I’m 17, I could get out of the contract to paint the fence without any penalty. Because I’m a minor, I could enforce the contract against Harold, but he can’t enforce the contract against me." <br>- Jordan, Chilliwack
	}}		}}

Elena Renderos at 20:21, 23 April 2017

2017-04-23T20:21:55Z

← Older revision		Revision as of 20:21, 23 April 2017
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	{{PLSStorybox		{{PLSStorybox
	\| image =		\| image = [[File:Headshot_-_Consumer_Law_-_Emily_-_2017.jpg\|link=]]
	\| text = "My friend Steven was looking to sell his car. I was interested, but I didn’t have the money. We agreed that in exchange for the car, I would walk Steven’s dog every day for one year. Unusual, yes, but it’s a valid contract; I’m providing something of value in exchange for the car!" <br>- Emily, North Vancouver		\| text = "My friend Steven was looking to sell his car. I was interested, but I didn’t have the money. We agreed that in exchange for the car, I would walk Steven’s dog every day for one year. Unusual, yes, but it’s a valid contract; I’m providing something of value in exchange for the car!" <br>- Emily, North Vancouver
	}}		}}

Elena Renderos at 18:16, 23 April 2017

2017-04-23T18:16:31Z

← Older revision		Revision as of 18:16, 23 April 2017
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	===Does a contract have to be in writing?===		===Does a contract have to be in writing?===
	In most cases, no. In fact, most of the everyday contracts we make, such as buying a ticket for a movie or going to the hairdresser, are not put in writing. If the elements of a contract are present, a verbal agreement is just as legal and binding as a written one.		In most cases, no. In fact, most of the everyday contracts we make, such as buying a ticket for a movie or going to the hairdresser, are not put in writing. If the elements of a contract are present, a verbal agreement is just as legal and binding as a written one.
			[[File:Consumer_Law_-_Contents3.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

	A contract is the '''agreement''' between people; a written document is usually just '''proof''' of the agreement.		A contract is the '''agreement''' between people; a written document is usually just '''proof''' of the agreement.
	~~[[File:Consumer_Law_-_Contents3.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]~~

	However, some kinds of contracts '''must''' be in writing. For example:		However, some kinds of contracts '''must''' be in writing. For example:

Elena Renderos at 18:16, 23 April 2017

2017-04-23T18:16:10Z

← Older revision		Revision as of 18:16, 23 April 2017
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	A contract is the '''agreement''' between people; a written document is usually just '''proof''' of the agreement.		A contract is the '''agreement''' between people; a written document is usually just '''proof''' of the agreement.
			[[File:Consumer_Law_-_Contents3.png\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

	However, some kinds of contracts '''must''' be in writing. For example:		However, some kinds of contracts '''must''' be in writing. For example:

Elena Renderos at 17:38, 23 April 2017

2017-04-23T17:38:23Z

← Older revision		Revision as of 17:38, 23 April 2017
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	In most cases, no. In fact, most of the everyday contracts we make, such as buying a ticket for a movie or going to the hairdresser, are not put in writing. If the elements of a contract are present, a verbal agreement is just as legal and binding as a written one.		In most cases, no. In fact, most of the everyday contracts we make, such as buying a ticket for a movie or going to the hairdresser, are not put in writing. If the elements of a contract are present, a verbal agreement is just as legal and binding as a written one.

	A contract is the agreement between people; a written document is usually just proof of the agreement.		A contract is the '''agreement''' between people; a written document is usually just '''proof''' of the agreement.

	However, some kinds of contracts '''must''' be in writing. For example:		However, some kinds of contracts '''must''' be in writing. For example:
	* When real estate is involved, all agreements must be in writing. An agreement to buy and sell a home must be in writing, and so must the mortgage that makes the purchase possible.		* When '''real estate''' is involved, all agreements must be in writing. An agreement to buy and sell a home must be in writing, and so must the mortgage that makes the purchase possible.
	* Contracts containing a guarantee must be in writing. A guarantee is an agreement where one party agrees to pay the debt of another person if that person defaults on the debt.		* Contracts containing a '''guarantee''' must be in writing. A guarantee is an agreement where one party agrees to pay the debt of another person if that person defaults on the debt.
	* A “distance sales contract” must be in writing. This kind of contract is one that is entered into not in person (for example, online or over the phone) and there is no opportunity to inspect what you are buying.		* A “distance sales contract” must be in writing. This kind of contract is one that is entered into not in person (for example, online or over the phone) and there is no opportunity to inspect what you are buying.
	* A door-to-door sales contract, known under the law as a “direct sales contract”, must be in writing.		* A door-to-door sales contract, known under the law as a “direct sales contract”, must be in writing.
	* A payday loan agreement must be in writing. Payday loans are small, short term loans - for $1,500 or less, that must be repaid within 62 days, when the borrower receives their paycheque or other income.		* A '''payday loan agreement''' must be in writing. Payday loans are small, short term loans - for $1,500 or less, that must be repaid within 62 days, when the borrower receives their paycheque or other income.

	=== Can a contract be made by email?===		=== Can a contract be made by email?===

Elena Renderos at 17:37, 23 April 2017

2017-04-23T17:37:02Z

← Older revision		Revision as of 17:37, 23 April 2017
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	On the other hand, a minor '''can''' enforce a contract against an adult party to the contract.		On the other hand, a minor '''can''' enforce a contract against an adult party to the contract.
	{{PLSStorybox\| image =		{{PLSStorybox
	\| text = “I agreed to paint my neighbour Harold’s fence this summer for $200. Then my family organized a big summer trip to Europe. My dad told me that because I’m 17, I could get out of the contract to paint the fence without any penalty. Because I’m a minor, I could enforce the contract against Harold, but he can’t enforce the contract against me.”<br>- Jordan, Chilliwack		\| image =
			\| text = "I agreed to paint my neighbour Harold’s fence this summer for $200. Then my family organized a big summer trip to Europe. My dad told me that because I’m 17, I could get out of the contract to paint the fence without any penalty. Because I’m a minor, I could enforce the contract against Harold, but he can’t enforce the contract against me." <br>- Jordan, Chilliwack
	}}		}}

← Older revision		Revision as of 19:57, 25 April 2017
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	{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= March 2017}}{{Consumer Law Essentials TOC}}		{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= March 2017}}{{Consumer Law Essentials TOC}}

	~~{{ambox~~
	~~\| type = content~~
	~~\| small = center~~
	~~\| image =~~
	~~\| smallimage =~~
	~~\| textstyle =~~
	~~\| text = This page is in the process of being developed. Please check back shortly.<br>~~
	~~\| smalltext =~~
	}}

	Every time you buy a pair of shoes, sign up for cellphone service, or call a plumber, you are making a '''contract'''. Given how common contracts are in our daily lives, it’s helpful to know something about how they are created.		Every time you buy a pair of shoes, sign up for cellphone service, or call a plumber, you are making a '''contract'''. Given how common contracts are in our daily lives, it’s helpful to know something about how they are created.