Walker v. Cusack, (1982) 16 Man.R.(2d) 114 (QB)

• Judge: Kroft, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 06, 1982
• Jurisdiction: Manitoba
• Citations: (1982), 16 Man.R.(2d) 114 (QB)

Walker v. Cusack (1982), 16 Man.R.(2d) 114 (QB)

MLB headnote and full text

Walker v. Cusack

(Suit No. 151/80 W.J.D.)

Indexed As: Walker v. Cusack

Manitoba Court of Queen's Bench

Kroft, J.

May 6, 1982.

Summary:

The plaintiff brought an action for specific performance of an agreement wherein the defendant agreed to sell land to the plaintiff.

The Manitoba Court of Queen's Bench allowed the action.

Contracts - Topic 750

Parties - Capacity - Persons of unsound mind - General - The Manitoba Court of Queen's Bench stated that a contract made by a person of unsound mind is prima facie valid unless the other contracting party knows or ought to know that the person is incapable of comprehending the nature and effect of his actions and unless the other contracting party takes advantage of the situation - See paragraph 39.

Contracts - Topic 5643

Unenforceable contract - Uncertainty and vagueness - Uncertainty - The plaintiff and defendant entered an agreement wherein the defendant agreed to sell land to the plaintiff - The date for completion was never settled - The Manitoba Court of Queen's Bench implied a date for completion from the conduct of the parties - The court held that the absence of the date did not render the agreement unenforceable for uncertainty, because time was not of the essence - See paragraphs 32 and 33.

Contracts - Topic 8130

Statute of Frauds - Memorandum - Essential terms - General - The Manitoba Court of Queen's Bench stated that a memorandum sufficient to satisfy the Statute of Frauds may be in any form as long as the essential terms appear either expressly or by necessary implication - The court further stated that the essential terms are the parties, subject matter and price and that the signature of the person to be held bound by the agreement must be on the memorandum - See paragraph 34.

Contracts - Topic 9204

Unconscionable transactions relief - General principles - Requirement of inequality in bargaining position plus improvident transaction - The Manitoba Court of Queen's Bench stated that a transaction may be set aside in circumstances where it is unconscionable or improvident, that is, where there is inequality between the parties and inadequate consideration - See paragraph 44.

Authors and Works Noticed:

DiCastri, The Law of Vendor and Purchaser (2nd Ed.), pp. 80 [para. 21]; 129 [para. 33].

Anson, The Law of Contract (24th Ed.), p. 224 [para. 41].

Counsel:

F.O. Meighen, Q.C., for the plaintiff;

P.O. Jachetta, for the Public Trustee of Manitoba.

This case was heard by KROFT, J., of the Manitoba Court of Queen's Bench, who on May 6, 1982, delivered the following decision.