*The terms of a contract should refer to such things as quality, terms of payment, and the time at which title is transferred.
*The terms may be construed either as conditions, warranties, or innominate terms. The rights and remedies of the buyer will depend on how the terms of the contract are classified. This is discussed at length in [[Contracts for Sale of Goods (11:III) | Section III: Contracts for the Sale of Goods]].
*The form of the agreement(s) can be legally important. If there is a contract in writing, what is said about the subject matter of the contract may be characterized as representations rather than or as terms of the agreement. Section 8(1) of the ''SGA'' states (with qualifications) that a contract may be partly in writing and partly by word of mouth, or may be implied by the parties’ conduct.
*Some contracts are statutorily required to be in writing, and moreover, some require that the writing conform to a strict format that is laid out either in an Act or by Regulation. The ''BPCPA'' is very strict on the form required for some contracts, as explained in detail in that section.
=== 5. Laches or Acquiescence, Waiver, and Estoppel ===
If a party knowingly allows the other party in a contract to proceed according to a mistaken assumption that is to the other party’s own detriment, that then the initial party may have acquiesced to it the mistaken assumption by inaction, and it may be enforceable against them.
The doctrine of laches becomes relevant if one party unreasonably delays pursuing a claim, and the other party is thereby prejudiced.
The Supreme Court of Canada has recently recognized that there is a general organizing principle of good faith and duty of honest performance in the context of Canadian contract law (''Bhasin v Hrynew'', 2014 SCC 71 at para 33). The duty of honest performance requires contracting parties to act honestly in the performance of contractual obligations. Note that this is not a fiduciary duty and parties remain free to act in their own self-interest, as long as they do not lie or mislead the other party.
Since the duty of honest performance applies generally, to all contracts, it would also apply to consumer transactions where one party has been dishonest or misled the other party. See ''Harrison v Afexa Life Sciences Inc'', 2015 BCSC 638, where the plaintiff alleged that the defendants had breached the contractual duty of good faith and honest performance by misrepresenting the benefits of Cold-Fx to consumers.
== E. Determine the Limitation Period for Making a Claim ==
With a new The ''Limitation Act'', SBC RSBC 2012, c 13 now in forcesets out a general time limit of 2 years on starting any claim from the time that the claim is discovered (s 6(1)). Generally, it a claim is vital discovered on the first day that a person knew or ought to have known that students determine whether the new injury, loss, or damaged had occurred and was caused (or contributed to) by an act or omission of the person against whom the old legislation applies claim is (or may be) made and that the court would be the appropriate means to seek a particular legal matterremedy (s 8). Usually this will be at the time of the act, but not always. If the act person was (or is) a minor or was (or omission occurred after June 1is) otherwise incapable of managing their affairs due to a disability special discovery rules apply (ss 18-19). There are also special discovery rules in the case of fraud, 2013trust property, the new Act applies and securities amongst others (ss 12-17). In addition, certain acts provide exceptions to the basic general limitation period of two years set out in s the Limitation Act. For example, the ''Local Government Act'', RSBC 2015, c 1 sets out that an action against a municipality must be commenced within 6months after the cause of action first arises (1s 735) applies. Note, howeverBecause of this, you must carefully check through the acts associated with your cause of action to ensure that if you will not miss a limitation date. If the claim was discovered before June 1, 2013, the former ''Limitation Act'' applies. At this point, the claim would be outside the limitation period unless there is an exception in the act for the type of claim brought. Under the former act, if the claim is for breach of contract, s 3(5) of the ''Limitation Act'', RSBC 1996, c 266 states that the limitation period for breach of contract is six years. However, under s 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is two years, even where the claim is based on contract. In addition, if the claim is for negligence as well, the limitation period is two years.
If the former Act applies and the client is suing for breach of contract, s 3(5) of the Limitation Act, RSBC 1996, c 266 states that the limitation period for breach of contract is six years. However, under s 3(2)(a), where damages claimed arise from physical damage to persons or property, the limitation period is two years, even where the claim is based on contract. In addition, if the client is considering suing for negligence as well, the limitation period is two years. Therefore, to take advantage of all the possible remedies available, the prudent course is to start an action for breach of contract and file the notice of claim within two years of the date when the cause of action arose.
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