Is non-disparagement a condition of cashing a cheque?
Alberta, Canada
The following excerpt is from Total Energy Services Inc. (Chinook Drilling) v. Tamarack Valley Energy Ltd., 2011 ABQB 787 (CanLII):
The term relating to non-disparagement, while broad in scope, is sufficiently clear and capable of being accepted as a condition of cashing the cheque. As a matter of law, the offeror chooses what it will offer: see for example, CIBC v. Cramer at paragraph 33, reproduced above. The offeree chooses whether it will accept.
"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 client’s instructions not to obey trust conditions an excuse for breach of trust conditions? (Alberta, Canada)
What is the test for cashing a cheque accompanied with a letter indicating that doing so would constitute acceptance of part payment? (Alberta, Canada)
What is the range of conditional sentences for smoking marijuana near a school playground? (Alberta, Canada)
Can a replevin order be granted in a conditional sale situation where ownership of the property does not pass to the purchaser until the final installment payment has been made? (Alberta, Canada)
What are the professional conduct guidelines for a lawyer who imposes conditions of trust on a vendor's solicitor? (Alberta, Canada)
What is the burden of undue influence against a volunteer who was found to have exercised undue influence on the condition of the volunteer? (Alberta, Canada)
What is the standard of care and skill required by a bank to accept a cheque from a customer's account? (Alberta, Canada)
Can an assignee or assignee of a vendor under a conditional sales contract, and if so, what are the consequences if the vendor decides to cancel the contract? (Alberta, Canada)
Does reintroduction of the photo exception for religious reasons result in a dramatic increase in the number of applications for a Condition Code G licence? (Alberta, Canada)
How have the courts treated cheques in the past? (Alberta, Canada)
