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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] |