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- Parties to a valid contract are always bound by law to carry out their promise. Should they fail to, the other party is free to go to court to force them to comply. At times, the court may order the defaulting party to do exactly what he had promised (specified promise).
www.thecanadianencyclopedia.ca/en/article/contract-law
Apr 8, 2021 · There is no general ‘right’ to specific performance. It is a discretionary and exceptional remedy, the basic requirements for which are: 1. there must be a valid, enforceable contract (i.e. offer, acceptance, consideration, intention to create legal relations and certainty of terms); and.
Feb 6, 2012 · Parties to a valid contract are always bound by law to carry out their promise. Should they fail to, the other party is free to go to court to force them to comply. At times, the court may order the defaulting party to do exactly what he had promised (specified promise).
Jun 1, 2024 · A Q&A guide to general contract formation and enforcement in Canada. The Q&A gives a high-level overview of key concepts of contract law, including contract formation with general information on authority and capacity, formal legal requirements, preliminary agreements and pre-contract considerations, formalities for execution, deeds ...
Aug 17, 2015 · The Court of Appeal agreed with the Divisional Court that entire agreement clause did not apply to any post contractual representation, but dismissed the action because the elements required to establish the negligent misrepresentation had not been proven by the purchaser.
Mar 17, 2016 · At common law a contract is not enforceable unless the parties intended the contract to create legal relations. Whether or not the parties intended to create legal relations is determined objectively by examining the circumstances existing at the time of execution of the contract.
Aug 1, 2023 · Before commencing a lawsuit for a breach of contract, skilled contract agreement lawyers in Thornhill can help you establish the following: An enforceable contract exists. One party breached a term of the contract. Whether you suffered actual damages or losses as a result of the breach.
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The enforceability of contracts is influenced by seven key factors. First, mutual agreement requires clear offers and acceptance. Second, parties must have the capacity to contract, which typically excludes minors. Third, the legality of purpose ensures agreements do not involve illegal activities.