Formalities in Contract

land and contracts

must be written and signed per s 24 of the PLA

Mosaiced contracts

can be mosacied if there is another document that expresses a clear intention that there is a contract, if a contract however is not signed and cannot be mosaiced then there is no contract

contracts of guarnatee

must be in writing and signed per s 27 of the PLA

Privity

the general rule is that only parties to the contract can enforce the contract

Assigment

where the purpose of the contract was for the benefit of the third party

third party must prove the benefit was for them the burden shifts to the promisor to disprove this, third party must show they were the intended beneficary not just incidental

Novation

total transfer of contract from promisee to promisor

agency

an agreement where the transfer occurs through an agent who is acting for the party

s 11 of the CCLA

Benefit means, advantage immunity limitation of an obligation extensions o a right which a person is entitled

s 12 CCLA

designation of the contract can apply to a broad class but can not be for children who have not been born yet LaidLaw v Parsonage

s 17

a beneficary of the contract may enfoce the contract like it is there own