The Uniform Sale of Goods Act, Final Report 38

This report evaluates the Uniform Sale of Goods Act and considers whether it should be recommended to the Government of Alberta for legislative adoption. It covers the evolution of the Ontario Report, its referral to the Uniform Law Conference, and addresses whether there exists a need to amend or repeal the Sale of Goods Act in Alberta. The report recommends that Alberta adopt the Uniform Sale of Goods Act since on the whole it would […]

October 1, 1982

Service of Documents During Postal Interruptions, Final Report 34

Some statutes or statutory instruments provide for the service of a document by mail. This report addresses the issue of whether or not this purported service by mail is effective in the event of a mail strike. This report recommends that a provincial statute be enacted that will invalidate service by mail when the mail service is not in operation. In such a case the statute should allow a person to effect service personally or […]

June 1, 1979

Contributory Negligence and Concurrent Wrongdoers, Final Report 31

The Contributory negligence Act and the Tortfeasors Act are valuable pieces of law reform and have made fundamental improvements in tort law. However, there are some gaps in the Acts that give rise to problems of interpretation. This report examines the Acts in order to reconcile them, to clarify them, to fill in any gaps, and to consider whether or not their principles should be extended to cases not currently included within them. This report […]

April 1, 1979

Statute of Frauds and Related Legislation, Research Paper 12

This report examines the provisions of the Statue of Frauds and the Guarantees Acknowledgment Act, an Alberta statute. Where the provisions of these Acts are still useful, the report recommends that it be retained and reformed, where they are not useful that they be abolished. The Statue of Frauds was enacted by the English Parliament in 1677 to prevent false claims being accepted by the courts by requiring that a number of kinds of contracts and dispositions of interest in […]

March 4, 1979

Contract or Property Law; Form and Delivery of Lease; Right to Assign and Sublet, Research Paper 7

The laws of contract and property are fundamentally different, with different common law, equitable, and statutory guarantees coming into play when dealing respectively with property and with a contract. The first part of this paper considers whether the relationship between landlord and tenant, as determined by the Residential Tenancies Act at the time of publication, should be regulated by the law of property or the law of contract, and how this regulation should work. The second part […]

November 4, 1975

An Examination of the Effect of s. 16 of the Conditional Sales Act on the Principle of Indefeasibility of a Certificate of Title Under the Land Titles Act

January 3, 1975

Minors’ Contracts, Final Report 14

The common law governs minors’ contracts in Alberta and elsewhere in Canada outside of Quebec. The Legislatures have intervened only sporadically and have dealt only with matters of detail. This report recommends that the attached draft Act be enacted. The law needs to give to minors some protection from liability on their contracts and allow the courts broad discretionary power to do justice in cases of unconscionable contracts. The law should interfere with contracts only […]

January 1, 1975

Pre-Incorporation Contracts: A Statutory Solution

January 3, 1974

Minors’ Contracts

January 2, 1974

Common Promisor and Promisee: Conveyances with a Common Party, Final Report 11

Covenants have to do with contracts generally, whereas conveyances have to do with the grant of an interest in real or personal property. This report attends to the validity of joint covenants in which there is a common promissor and promissee; for example, covenants by A with A and B jointly or by A and B with A, B and C jointly. It also addresses the validity of conveyances in which there is a common […]

October 1, 1972