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Tilden Rent-A-Car Co. V. Clendenning
''Tilden Rent-A-Car Co. v. Clendenning'' (1978), 83 DLR (3d) 400 is a leading Canadian contract law decision from the Court of Appeal for Ontario on standard form contracts. The Court held that a party can only be bound to a signed standard form contract when it is reasonable to believe that they consented to the terms.{{cite CanLII, year=1978, court=onca, num=1446, format=canlii Background Clendenning rented a car from Tilden Rent-A-Car, a Canadian car rental company. He signed the rental agreement which contained an exclusion clause denying coverage for accidents that occur if the driver had consumed any alcohol. Later, Clendenning hit a pole after having consumed alcohol. He pleaded guilty to impaired driving and tried to collect from the insurance policy to pay for the damages of his accident. Opinion of the Court Justice Charles Dubin, for the court, held that Clendenning could collect from the insurance. Dubin observed that: In modern commercial practice, many standard for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Contract Law
Canadian contract law is composed of two parallel systems: a common law framework outside Québec and a civil law framework within Québec. Outside Québec, Canadian contract law is derived from English contract law, though it has developed distinctly since Canadian Confederation in 1867. While Québecois contract law was originally derived from that which existed in France at the time of Québec's annexation into the British Empire, it was overhauled and codified first in the ''Civil Code of Lower Canada'' and later in the current '' Civil Code of Quebec'', which codifies most elements of contract law as part of its provisions on the broader law of obligations. Individual common law provinces have codified certain contractual rules in a ''Sale of Goods Act'', resembling equivalent statutes elsewhere in the Commonwealth. As most aspects of contract law in Canada are the subject of provincial jurisdiction under the Canadian Constitution, contract law may differ even between the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice. Description The Court is composed of 22 judicial seats, in addition to one or more justices who sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in ''Halpern v Canada (AG)'' that found defining marriage as between one man and one woman to violate Section 15 of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Form Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tilden Rent-a-Car
Tilden Rent-a-Car, later known as Tilden InterRent, was a Canadian car rental company that was founded by Sam Tilden. Its fleet was sold by the Tilden family to National Car Rental of the United States in June 1996. History Origin In 1925, Sam Tilden (1897–1973), a shoe salesman in Montreal, bought the Hertz Rent-a-Car franchise for Montreal after reading an advertisement in the ''Saturday Evening Post''. Tilden started the business with three Chrysler cars and a loan from his father. In 1929, Hertz took the franchise back from Tilden, believing that it could make more money through direct ownership. In 1932, Tilden had won the franchise back from Hertz. 1950s By 1950, Sam Tilden had three Hertz franchises: Montreal, Ottawa and Hamilton, Ontario, and his son, Walter Tilden (1928–2008), was managing the Ottawa franchise. Through the 1950s, Tilden Rent-a-Car expanded rapidly, taking advantage of its independence from car manufacturers. The Victoria, British Columbia franchise wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusion Clause
An exclusion clause is a term in a contract that seeks to restrict the rights of the parties to the contract. Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses. Types of exclusion clause There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term: * True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Dubin
Charles Leonard Dubin (April 4, 1921October 27, 2008) was a Canadian lawyer and former Chief Justice of Ontario. He led the Dubin inquiry into the use of steroids by athletes. Early life Charles Leonard Dubin was born on April 4, 1921, in Hamilton, Ontario, the son of Harry and Ethel Dubin. He received a B.A. from the University of Toronto in 1941 and an LL.B. from Osgoode Hall Law School in 1944. He was called to the Bar of Ontario in June 1944 and was created a King's Counsel in December 1950. In 1945, he married Anne Levine, who died in 2007. They had no children. Legal and judicial career He practised law with the law firm Kimber, Dubin, Brunner & Armstrong which later merged to form Tory Tory DesLauriers & Binnington where he was a counsel and a senior partner. In 1973, he was appointed to the Court of Appeal for Ontario. In 1987, he was appointed Associate Chief Justice and Chief Justice in 1990. He served until 1996 when he rejoined Torys as a counsel. He served on tw ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Est Factum
(Latin for "it is not ydeed") is a defence in contract law that allows a signing party to escape performance of an agreement "which is fundamentally different from what he or she intended to execute or sign". A claim of means that the signature on the contract was signed by mistake, without knowledge of its meaning. A successful plea would make the contract void . According to ''Saunders v Anglia Building Society'' 971AC 1004, applied in ''Petelin v Cullen'' 975 the strict requirements necessary for a successful plea are generally that: # The person pleading must belong to "class of persons, who through no fault of their own, are unable to have any understanding of the purpose of the particular document because of blindness, illiteracy or some other disability". (2009) 13(1) University of Western Sydney Law Review 83. The disability must be one requiring the reliance on others for advice as to what they are signing. # The "signatory must have made a fundamental mistake as to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boilerplate Contract
A standard form contract (sometimes referred to as a ''contract of adhesion,'' a ''leonine contract'', a ''take-it-or-leave-it contract'', or a '' boilerplate contract'') is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved ''contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the nee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Contract Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1978 In Canadian Case Law
Events January * January 1 – Air India Flight 855, a Boeing 747 passenger jet, crashes off the coast of Bombay, killing 213. * January 5 – Bülent Ecevit, of Republican People's Party, CHP, forms the new government of Turkey (42nd government). * January 6 – The Holy Crown of Hungary (also known as Stephen of Hungary Crown) is returned to Hungary from the United States, where it was held since World War II. * January 10 – Pedro Joaquín Chamorro Cardenal, a critic of the Nicaraguan government, is assassinated; riots erupt against Anastasio Somoza Debayle, Somoza's government. * January 18 – The European Court of Human Rights finds the British government guilty of mistreating prisoners in Northern Ireland, but not guilty of torture. * January 22 – Ethiopia declares the ambassador of West Germany ''persona non grata''. * January 24 ** Soviet Union, Soviet satellite Kosmos 954 burns up in Earth's atmosphere, scattering debris over Canada's Northwest Territories. ** ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Car Rental
A car rental, hire car or car hire agency is a company that rents automobiles for short periods of time to the public, generally ranging from a few hours to a few weeks. It is often organized with numerous local branches (which allow a user to return a vehicle to a different location), and primarily located near airports or busy city areas and often complemented by a website allowing online reservations. Car rental agencies primarily serve people who require a temporary vehicle, for example, those who do not own their own car, travelers who are out of town, or owners of damaged or destroyed vehicles who are awaiting repair or insurance compensation. Car rental agencies may also serve the self-moving industry needs, by renting vans or trucks, and in certain markets, other types of vehicles such as motorcycles or scooters may also be offered. Alongside the basic rental of a vehicle, car rental agencies typically also offer extra products such as insurance, global positioning s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For Ontario Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
