Which of the following is NOT a required element for a valid contract under Canadian common law?
Correct Answer
B) Written documentation
A valid contract needs offer and acceptance, consideration, capacity, an intention to create legal relations and a lawful object, but writing is not a general requirement. Writing matters for particular kinds of contract: in BC, Law and Equity Act s. 59(3) makes a contract respecting land unenforceable without signed writing, unless part performance or reliance applies.
Why This Is the Correct Answer
This answer is correct. Written documentation is not one of the essential elements of a contract at common law; oral contracts can be valid. Writing is a statutory requirement for specific contracts, such as contracts respecting land under BC's Law and Equity Act s. 59.
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