1. Describe the evidence rule with the most significant impact on the outcome of criminal matters.

2. Provide examples of federal statutes in contract law.

3. Explain and describe the concept of tort/contract hybrids and provide an example.

4. Why do some statutes address both tort and contract issues?

Great Lakes Fisheries Convention Act; and statutes that regulate professions, like the Nova Scotia Chartered Accountants Act.

Chapter 2

1.What is a contract?

2.What is the difference between a contract and an agreement?

3.What main features must a contract have to be binding?

4.What does it mean for the parties to an agreement to be ad idem?

5.Give an example of a formality requirement in contract law, and explain its purpose.

Exercises

1.Explain whether, in the following fact situations, you could sue for breach of contract. Give the rationale for your answers.

a.You invite me to dinner. I agree to come but fail to show up.

b.Your sister promises to lend you some money because you are in debt, but later changes her mind and refuses to do so.

c.You invite me to dinner and agree to pay me an amount of money if I praise an invention of yours to another dinner guest who is interested in investing in your invention. I agree to attend, but I fail to show up, and the other guest decides not to invest in your invention.

2.Explain why the law does not enforce all agreements.

One can also trace how particular areas of contract law evolved. For example, Chapter 15 traces the evolution of consumer law.

Fact Scenario

S&J Gareri Trucking Ltd v Onyx Corp,[2016] 244 ACWS (3d) 592 (Ont CA)

A contract was entered into between theCity of Mississauga and a road maintenance company, Onyx Corp, for five seasons of winter snow removal. Onyx Corp entered into an oral agreement with two truck companies, S&J Gareri Trucking Ltd and Harlow Contracting Inc, for the use of their trucks for those five winter seasons. Both companies provided deposits to Onyx Corp for the use of certain city equipment in the trucks. The deposits corresponded to the proportionate share of deposit given to the City of Mississauga for five seasons.

After one season, Onyx Corp informed the two companies that their services were no longer needed. Onyx Corp returned part of their deposits with the promise to return the balance when they returned the city equipment in the trucks.

S&J Gareri Trucking Ltd and Harlow Contracting Inc sued Onyx Corp for breach of contract.

1.Was there a contract between Onyx Corp and the two trucking companies?

2.What evidence would you rely on for the plaintiffs to support your claim that there was a contract, if there was nothing in writing between the parties?

3.Would you find in favour of the plaintiffs, for breach of contract, or the defendants, and decide that there was no breach because there was no contract?