Difference between revisions of "Causes of Action (20:App G)"

==== a) Breach of Contract ====

Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law. To bring a claim for breach of contract, a party must demonstrate that the other party failed to perform a contractual obligation. Depending on the type of term that is breached, the other party may be able to “terminate” the contract. Termination. Terms that go to the heart of a contract are usually called “conditions”. Breach of a condition by one party entitles the other party to terminate the contract and end their obligations. Less important terms are called “warranties”. Breach of a warranty does not give the other party a right to terminate. However, the party not in breach can still sue the other party for breach of contract.  

#'''No consideration:''' In order for a promise or any other contractual obligation to be enforceable by courts, there must be consideration.  Consideration is what is given in exchange for a promise that makes the promise binding. If there is no consideration for a promise, the promise will not be enforced by the courts, even if the parties have an otherwise valid contract.  

#'''Void contract:''' A contract can be void and therefore unenforceable for several reasons, including lack of mental capacity, uncertainty of terms, illegality.  

==== Breach of Employment Contract (implied terms) ====

The courts cannot enforce statutory rights such as those found in the ''Employment  Standards Act'', as special adjudicative bodies have been created to rule on these types of claims and have exclusive jurisdiction over them.    However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous  implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon termination  of an employee. The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. See [[Foreword_on_Employment_Law_(9:I) | Chapter 9 – Employment Law]] for more details.  

==== Debt ====

Debt claims arise where the defendant owes the complainant a specific sum of money, often for a loan or for unpaid goods or services. There may be some overlap between debt and breach of contract.   

=== 2) Rare Causes of Action ===