What is the difference between "I agree to charge” and “I agree on demand”?
British Columbia, Canada
The following excerpt is from Vancouver v. Smith, 1984 CanLII 430 (BC SC):
In Rooker v. Hoofstetter the document said “I agree to charge” a described lot for a stated sum and “I agree on demand to execute proper mortgages of the said land to carry out this agreement”. In finding that an equitable mortgage had been immediately created by these words. Osler J.A. observed (at p. 183): “The lands intended to be charged being specified, there is no substantial difference between the words “I agree to charge’, and 1 hereby charge’”.
"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
Is a document that states, "I agree to charge" and "on demand to execute the proper mortgages of the said land to carry out this agreement"? (British Columbia, Canada)
If an accused is found guilty of rape, should the second charge, two above, be seen as an alternate charge? (British Columbia, Canada)
What is the difference between an agreement to agree and an expression by the parties that a completed agreement is to be memorialized? (British Columbia, Canada)
Is a development cost charge payable under section 983 (6) of the Development Cost Charges Act? (British Columbia, Canada)
How much time has elapsed between February 7, 2005 and March 28, 2007 between the date of the charge and the date the charge was brought? (British Columbia, Canada)
Is a breath demand written by a police officer not an official sanctioned wording for breath demands? (British Columbia, Canada)
Is there any case law where a lender under a demand mortgage can introduce evidence that they intended to demand repayment at the time of the borrower's death? (British Columbia, Canada)
What is the test for determining whether performance in the present circumstances would render the contract radically different from that which was agreed in the circumstances of August 25? (British Columbia, Canada)
What is the difference between an explicit declaration of mind and statements that permit inference as to the declarant's state of mind? (British Columbia, Canada)
What are the different kinds of trust alleged in common law? (British Columbia, Canada)
