2,553
edits
Difference between revisions of "Contract Remedies"
From Clicklaw Wikibooks
no edit summary
| Line 15: | Line 15: | ||
=== Actions by consumers against creditors or sellers=== | === Actions by consumers against creditors or sellers=== | ||
In most (but not all) '''cases brought by consumers''' against sellers and creditors, the consumer also asks for a judgment ordering the other side to pay money. The consumer is usually seeking compensation for some breach of the credit or sale agreement. For example, a consumer who has paid for goods that turn out to be defective may sue for compensation to make up for the value of the defect in the goods. Or, the consumer may base a case on a separate cause of action. For example, a debtor harassed by a collection agent may bring an action for damages under the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] (see the section on Harassment). | In most (but not all) '''cases brought by consumers''' against sellers and creditors, the consumer also asks for a judgment ordering the other side to pay money. The consumer is usually seeking compensation for some breach of the credit or sale agreement. For example, a consumer who has paid for goods that turn out to be defective may sue for compensation to make up for the value of the defect in the goods. Or, the consumer may base a case on a separate cause of action. For example, a debtor harassed by a collection agent may bring an action for damages under the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''] (see the section on [[Harassment]]). | ||
A money judgment is the most common remedy available to consumers, but it is not the only one. In cases where there has been a fundamental breach of the contract by a creditor or seller, the court may order “rescission”. This is a legal term for undoing the contract and restoring the parties to their original situation. For example, the court may order the return of both the consumer’s money and the seller’s property. | A money judgment is the most common remedy available to consumers, but it is not the only one. In cases where there has been a fundamental breach of the contract by a creditor or seller, the court may order “rescission”. This is a legal term for undoing the contract and restoring the parties to their original situation. For example, the court may order the return of both the consumer’s money and the seller’s property. | ||
A court may also order that property seized from a debtor be returned to the debtor. This might be ordered if: | A court may also order that property seized from a debtor be returned to the debtor. This might be ordered if: | ||
* a debtor is in default of a security agreement but has the ability to reinstate the terms of the contract, or
| * a debtor is in default of a [[Security Agreements|security agreement]] but has the ability to reinstate the terms of the contract, or
| ||
* the property of a debtor has been wrongfully seized; for example, a bailiff has repossessed property not covered by the creditor’s security agreement.
| * the property of a debtor has been wrongfully seized; for example, a [[Bailiffs, Court Bailiffs and Sheriffs|bailiff]] has repossessed property not covered by the creditor’s security agreement.
| ||
Other remedies are available in statute and common law under principles known as '''equity''' and '''unjust enrichment'''. It is usually necessary to get a lawyer’s advice because some of these remedies include declarations (court orders that make a party do something) and injunctions (court orders that prohibit a party from doing something). | Other remedies are available in statute and common law under principles known as '''equity''' and '''unjust enrichment'''. It is usually necessary to get a lawyer’s advice because some of these remedies include declarations (court orders that make a party do something) and injunctions (court orders that prohibit a party from doing something). | ||
