OK, I carpool with a co-worker, and every few days he drops $10 on the seat, or buys me lunch for the wear and tear on my car and gas consumption.Let's get semantics out of the way: if you accept payment to drive somebody, and you have an agreement that they will pay you in exchange for the ride, that is just like Uber.
Here is the definition: an agreement, including implied agreement, to provide a good or service in exchange for payment.
Uh oh!!! That is a commercial transaction according to the omniscient fooj... better make note of it, lest I face the wrath of the CCRA.You engage in coitus with your wife/GF and give her a bottle of perfume.
If no agreement exists, not even an IMPLIED agreement, then it is not a commercial transaction. However MOST carpooling includes a formal agreement to pay.OK, I carpool with a co-worker, and every few days he drops $10 on the seat, or buys me lunch for the wear and tear on my car and gas consumption.
No agreement has ever been discussed, even implied, at all, ever. He just started doing it because he is a stand-up guy. Is that a "commercial transaction"?
PS: I like how you ignored the double-double analogy.
What? There is no such thing as an "implied agreement"Let's get semantics out of the way: if you accept payment to drive somebody, and you have an agreement that they will pay you in exchange for the ride, that is just like Uber.
Here is the definition: an agreement, including implied agreement, to provide a good or service in exchange for payment.
Yes there is, and it is fundamental to commercial law.What? There is no such thing as an "implied agreement"
That particular cases claim was denied because what he asked for was insaneThat first Uber X accident happened a while back last summer, the matter is in the courts right now as his insurance company has denied the drivers claim, For anyone that uses Uber X as a customer if the driver does not have commercial insurance which I believe they all don't have it and cost would be way too high for them to do have that type of insurance, if you do get into an accident and need to file a claim through insurance you should know that your claim will be denied by the insurance companies.
It is no longer "implied" when you hand someone money...Yes there is, and it is fundamental to commercial law.
Classic example: you walk into a store and pick up a carton labeled "milk". You hand the clerk the price printed on the box, and leave.
There is an implied contract of sale even though you signed nothing, and it is a fairly complex contract that gets loaded up with many default terms and conditions binding both parties.
For example, you have a contractual expectation that the carton contains milk, that it is safe to drink, and that it contains the percentage of fat printed on the label.
That is an implied agreement. They can be simple or complex but they certainly do exist and they are created by you many times a day as you go about your ordinary activities.
Yes it is.It is no longer "implied" when you hand someone money...
There are many source of contract law should you wish to familiarize yourself with themYes it is.
Actually store policy can DENY you an exchange/refund dudeYes it is.
And yes, if you paid the store for milk, and got water, you can expect the store to exchange your purchase for actual milk or refund your money.
You can blather away all you want. You are wrong. You are literally making things up as you go, demonstrating to all that you are willing to talk authoritatively when you actually know bloody nothing.There are many source of contract law should you wish to familiarize yourself with them
I will give you one very common example that happens every single day in Toronto
You list your property for sale
Simply telling you I would like to buy & giving you cash (or cheque) does NOT create a binding agreement (regardless of how you think it is implied)
lol ok now try reading the first 3 parts BEFORE part 4You can blather away all you want. You are wrong. You are literally making things up as you go, demonstrating to all that you are willing to talk authoritatively when you actually know bloody nothing.
http://www.ontario.ca/laws/statute/90s01
Sale of Goods Act, R.S.O. 1990, c. S.1
Contract, how made
4. Subject to this Act and any statute in that behalf, a contract of sale may be made in writing, either with or without seal, or by word of mouth or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties
The part I bolded discusses makes implied contracts real contracts, idiot.lol ok now try reading the first 3 parts BEFORE part 4
Oops you did it again
Freaking hilarious you even linked the page that shows you were wrong
That's what happens when you have had a monopoly on transportation for decades: you don't give a damn about the consumer.Coming back from the store, my cell phone was dead and so I could not call Uber and called Beck from the store. The driver didn't bother to park close to the store, which he could easily have done, he didn't open the trunk until I rapped on the trunk lid, he never got out of his car and he was barely civil.
