Is there any such thing as a 72 hour escape clause law on general contracts in Ontario, Canada for selling or purchasing an item. Not real estate related?

excon

Hello Paso:

I dunno about the great white north....... But, if it was designed similarly to the right to rescind a contract law in the US, then the answer is NO.

Our law was written to protect citizens from high pressure DOOR TO DOOR salesman. Therefore, the sale had to occur in the persons HOME.

Other than that, even in the US, there isn't an escape clause such as you refer. I highly doubt Canada has one. Otherwise commerce would stop, wouldn't it?

excon

PASO

Please check you response again it sounds like you are say no but then there is something to protect against hi pressure sales.


This contract was by an indiviual to a charity where she gave them two parrots and a verbal promise that he would not divulge the details of where they originatd. the next day the charity attacked her and divulged all information to the public. She immediately asked for their return and was refused.

excon

Hello again, Paso:

That's NOT the same thing. The charity VIOLATED the contract, so the indivudial is entitled to her items back for THAT reason, and that reason only. She should write the charity a letter demanding her items back, and exactly WHY. The letter should be sent certified, return receipt requested.

If she doesn't get them, she should sue for their value in small claims court.

excon

PASO

thanks for your response. It will help. We are already suing but he is claiming that his contract supercedes anything else. That part of their agreement was only verbal so is not on paper.

Fr_Chuck

Well the written contract will take over ride any verbal agreements, so if they said they would not give out any info, that had to be in the written contract. Also was this sale in thier home, or in a store or over the internet ??

PASO

The sale was in her home. I know it is treated as a sale even though no money exchanged hands as they were donate/given free of charge

excon

Hello again:

If the sale/donation happen in her HOME, then she has a shot at having it resinded. However, like I said, I don't know if Canada has one of those laws. I hope, for her sake, they do.

Maybe one of our Canadian friends will come along.

excon

PASO

Thanks I really appreciate it. It is quite a nasty situation and we are now looking how to defend the claim. It would be nice to settle out of court but doesn't look like this guy will as he was just given $6000 worth of birds for free! He agreed to everything she said just to get them.

CaptainForest

So let me see if I understand this correctly.

A man representing a charity comes to your friends house. Your friend donates 2 parrots to the charity, in exchange that the man not disclose the location of where the 2 parrots were donated from?

Why would you friend even want a clause like that?

Anyways, moving on.

What does the CONTRACT say. Usually, there is a clause that states that the contract is the entirety of the agreement and no verbal representations will be held to account.

So basically, read the contract. If such a clause is in it, then whatever verbal promises were made, are pretty much worthless.

And even if no such clause exists, the man representing the charity could always like about the verbal promise. I personally don’t understand why someone would want the location of the parrots a secret, so a Judge might side with the charity man unless your friend can explain it to the Judge satisfactory.

Either way though, good luck.