Is a contract enforceable if the contract is expressly or by implication forbidden by common or statute law?
Saskatchewan, Canada
The following excerpt is from Culzean Inventions Ltd. v. Midwestern Broom Company Ltd., Midwestern Marketing Canada Ltd., Semenchuk, Janzen, Glazier and Astle, 1984 CanLII 2276 (SK QB):
As stated by Culliton, J.A., (later C.J.S.), in Prince Albert Properties and Land Sales Limited v. Kushneryk, supra, “the general rule of law is that where a contract which a party seeks to enforce is either expressly or by implication forbidden by the common or statute law no court will lend its assistance to give it effect”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
If a contract to sell peas has a description clause that says that the peas are not ordered or sold by description, can the contract still be enforceable? (Saskatchewan, Canada)
What is the test for common law common law spouses in common law relationships? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
When a contract expressly states on its face that the agent filling in the contract is the agent of the applicant, is that agent valid or binding? (Saskatchewan, Canada)
Is a common form of a contract binding upon one of the parties to the same contract whether he or she reads it or not? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
What is the test for determining whether a statute or statute has retrospective effect? (Saskatchewan, Canada)
Does the doctrine of frustration apply when it is alleged that a change in circumstances after the formation of a contract renders it physically or commercially impossible to fulfil the contract? (Saskatchewan, Canada)
