July 11, 2008

Extra-Judicial Use of Sworn Statements (1976)

Keywords: sworn; statement; evidence; witness; affidavit; formality; statutory declaration; verification; oath; swear; commissioner; notary; perjury; affirmation; declaration; criminal; liability; corroboration A sworn statement is an affidavit, affirmation, statutory declaration, solemn declaration, or other such document requiring compliance with certain formalities as a means of attesting to the truth of the Read more…

Minors’ Contracts (1976)

Keywords: minor; contract; infant; capacity; age of majority; necessaries; grant; liability; misrepresentation; agency; service; consent; binding; child; incapacity; voidable; void; tort; fraud; guarantee; indemnity; married; affirmation; repudiation; property The law has always given special protection to persons under the age of majority (which is set at 19 years old in Read more…

Security Interests in Real Property: Remedies on Default (1975)

Keywords: remedy; default; mortgage; agreement; sale; personal; covenant; foreclosure; redemption; reinstatement; conveyance; security; real; property; land In British Columbia, there are two principal devices used to create consensual security interests in land-the mortgage and the agreement for sale. Although the devices are functionally identical, the law and practice relating to Read more…

Personal Property Security (1975)

Keywords: personal; property; personal property security; chattel mortgage; conditional sale; debtor; creditor; consumer; debenture; interest; priority; floating charge; charge; pledge; consignment; Bank Act; credit; debt; book debt; assignment; lease; attachment; perfection; collateral; bill of sale; purchase-money; registration; consumer protection; security; proceeds Frequently, a lender will require a borrower to grant Read more…

Powers of Attorney and Mental Incapacity (1975)

Keywords: power of attorney; mental; incapacity; agency; agent; termination; enduring; incompetence; principal; revocation; public trustee; filing; form; execution; duration This project is devoted to an examination of the law relating to the terminating effect of mental capacity on powers of attorney. At the time the project was carried out, a Read more…