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Difference between revisions of "Contracts Overview"
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While the absence of a written document can make proof of an agreement more difficult, there is no general principle that all contracts must be in writing to be enforceable. Generally speaking, so long as all the elements of a contract are present, there is a valid contract. | While the absence of a written document can make proof of an agreement more difficult, there is no general principle that all contracts must be in writing to be enforceable. Generally speaking, so long as all the elements of a contract are present, there is a valid contract. | ||
That said, some types of contracts '''must be in writing''', under requirements in the statute law (for example, contracts involving real estate). These include the [http://canlii.ca/t/8459 ''Law and Equity Act''] (see the sections on Mortgages and Foreclosures and the Recovery of Goods), the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], the [http://canlii.ca/t/7vd0 ''Bills of Exchange Act''] (see the section on Contract Defences), and the [http://canlii.ca/t/8495 ''Personal Property Security Act''] (see the section on Security Agreements). | That said, some types of contracts '''must be in writing''', under requirements in the statute law (for example, contracts involving real estate). These include the [http://canlii.ca/t/8459 ''Law and Equity Act''] (see the sections on [[Mortgages and Foreclosure|Mortgages and Foreclosures]] and the [[Recovery of Goods]]), the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], the [http://canlii.ca/t/7vd0 ''Bills of Exchange Act''] (see the section on [[Contract Defences]]), and the [http://canlii.ca/t/8495 ''Personal Property Security Act''] (see the section on [[Security Agreements]]). | ||
Where the statute law requires a written agreement, with certain terms specified in the agreement, a person seeking to enforce their rights may be able to get some compensation even if the requirements of the law were not met. | Where the statute law requires a written agreement, with certain terms specified in the agreement, a person seeking to enforce their rights may be able to get some compensation even if the requirements of the law were not met. | ||
