Ratification of a promise made during minority.
Declarations or creations of trusts of land.
There is no prescribed format for the contract under this statute. Essential
elements of the contract are required however, including the parties, the
subject matter, and the signatures.
Statutes to protect the consumer require agreements to be in writing and, in some
instances, that a copy be provided to the consumer. For instance, the Ontario
Consumer Protection Act (2002) covers contracts for personal services, and internet
contracts requiring advance payment above a prescribed amount.
: A contract requires a meeting of the minds. However, mistakes occur during
the formation of contracts, and these can be distinguished as:
Mistakes Preventing Contract Creation
: A mistake as to the identity of the other party does
not necessarily render a contract defective and unenforceable. The
questions to be answered to determine this mistake are: Did the other
party know of the mistaken identity? Was the mistake important?
Mistake about Subject Matter
: A mutual mistake occurs regarding the
subject matter of the agreement. The mistake must have a meaningful
effect on the performance of the contract.
Mistakes Rendering Impossible the Contract Purpose
Mistake about Existence of the Subject Matter
: This is a mistake made
by all parties to the contract.