Can an exclusionary clause in a conditional-sales contract be relied upon?
Saskatchewan, Canada
The following excerpt is from Francis v. Trans-Canada Trailer Sales Ltd., 1969 CanLII 620 (SK CA):
It is clear on the above authorities that the appellant cannot rely on the exclusionary clause in the conditional-sales contract. Where, as here, the collateral agreement is consideration for the entering into the written agreement, the exclusionary clause cannot prevail against it. The present facts, in my view, fall clearly within the principle enunciated in Brownsberger v. Harvey, supra.
"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)
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)
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)
Can a contract be made even if the contract is more precise than the contract itself? (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)
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 remedies are available to a party to a contract where the other party fails to complete the entire contract? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Is a union security clause in an employment contract binding an employer with respect to severance pay? (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)
