So, on contract law, the one thing i did catch in your example was the following
So, in contract law Canadian/American both affirm that because no one can read the mind of the other parties, intention is determined objectively. Therefore, the act or conduct of the parties are observed to determine the whether an agreement has been reached or not, agree ?>>>>The consultant cashes the cheque, but does not reply in the 10 day period to reject your offer.
Now, in your example, consultant cashes the cheque. Now, if in fact the consultant was not in agreement with the amount posted on the cheque, they could have requested or inquired what the cheque was for, no ? Or they could have not cashed the cheque and simply rejected the cheque requesting the full amount as per agrement, no ?
Now, under Canadian legislation Bills of Exchange act there are a few parts i would like to point out and have you make comments on, if you so wish.
1985, c. B-4)). Refusal to receive payment (3) Where the holder of a bill refuses to receive payment under protest, he loses his right of recourse against any party who would have been discharged by that payment
So, if they do cash this cheque did they not exercise an ownership claim of the cheque ? Especially i the memo states that by cashing cheque they waiver any further claims. Im sure these are some points i myself would bring up. I have done so in court and judges/masters do not acknowledge that conduct binds the parties.Act R.S.C., 1985, c. B-4
Notice of Dishonour
Marginal note: Notice of dishonour
or by non-payment, notice of dishonour must be given to the drawer and each endorser, and any drawer or endorser to whom the notice is not given is discharged.
So, how would it bind me? If i went into a restaurant and sat down, ate and choose to not to pay because i felt the price was not totally clear to me. I saw the price was 5 dollars not 15, i guess the 1 in 15 was wore out. All i saw was the 5 and that is what i thought i was agreeing to. So who is right in this scenario ? A worn out price that shown 5 dollars and a cheque that was cashed but never inquired about what it was for and memo totally ignored, isnt there a saying that says ignorance of law is of no excuse and excuses no one ?
In my front of the judge for me was clear evidence that bank receipts shows payments being accepted over a long duration month to month, which is now a private contact and removes the jurisdiction from the public to continue a matter already settled in the public and not wasting anymore valuable public resources. Judge/master didnt care, didnt acknowledge the contract. Asked me, is there something in writing ? In contract law books, it is said that, a signed contract is merely the memorandum of the contract. Where is it signed when im speaking over the phone to a Rogers agent agreeing to an extension of another 3 year contract ? Nothing signed only orally affirmed, so i would assume the most of the Rogers Contracts are null and void if there is nothing signed ? I am not attempting to be facetious in any way. I merely wish to hear your perspectives. I been reading 4 different contract law books and they all are in agreement with each other. One is from Canada, one is from America and one is from India, one is from England. So, tell me, are they all wrong ? or am i taking it to an extreme with a misinterpretation of the written text with dictionary on hand for definitions ?