The Registration Documents to Become a University Student

Executive Summary

The topic discussed in this study is the registration documents required to become a university student in Ottawa and the legal contract and documents related to it. The student willing to join the University of Ottawa must submit certain documents that are considered to be proof of the information that they have presented to the university. The research methodology involves both primary and secondary data, but the secondary data is used more than the primary data. The rules and regulations for the registration process at the University of Ottawa are also mentioned. The university offers online registration facilities for students from different countries who are interested to join in any foreign university or in any university within the country. Effective promotional activities have been carried out by Canadian universities to attract international students from all over the world to pursue their higher studies. We also studied the contract of law and the various clauses included in the contract law. The contract issues are settled by the court of law based on the terms and conditions which are already mentioned in the contract. The parties must be legally fit to create a contract so that future issues can be resolved. It is recommended not to enter into an oral contract. Any damages caused by the negligence of the student or the university must be indemnified. Once the documents are presented to the university, it becomes the property of the university and will be returned only after the completion of the course. The student should keep a copy of the contract in his hand. The terms and conditions mentioned by the university in the contract must be strictly followed by the students who are taking admissions to the University of Ottawa. If the student violates any terms and conditions in the contract, the university can identify the reasons for that and if the reason is valid, an excuse or warning can be given for those students.

Introduction

Registration is an obligatory factor for all the students who are willing to attend the course or any related activities in a particular university. The course selection and the course registration are the responsibility of the student and must make sure that all such works are done properly. The universities in the USA provide quality education for which the expenses are very low. Canada is regarded as an integrated study center for international students because there are universities with high standards. Effective promotional activities have been carried out by Canadian universities to attract international students from all over the world to pursue their higher studies.

“Since 1848 the University of Ottawa has been Canada’s university. Located in the heart of the nation’s capital, the University has emerged as a vibrant “centre of learning”, with a total population including students, teaching and support staff – of 40,000. The largest bilingual university in North America, the University is a major player in the cultural and economic development of the National Capital Region.” (Overview).

Registration Process in Ottawa University

The registration process include recording of the complete information about the student who is willing to take admission. Every university will be having its own registration format. In the University of Ottawa, initially the students are instructed to fill the form and submit the form on or before the date mentioned. In the University of Ottawa the registration process can be done in three ways. They are “online registration, registration in person or by mail and off-campus registration.” (Returning Students).

Online registration

The online registration tool for the University of Ottawa is Rabaska. It is made available for the students from the respective faculties. They are:

• “Faculty of Arts
• Faculty of Engineering
• Faculty of Health Sciences (with the exception of the Primary Health Care Nurse Practitioner Certificate Program)
• Faculty of Law (with the exception of 1st-year Common Law and 1st-year Civil Law)
• Faculty of Medicine
• Faculty of Science
• Faculty of Social Sciences
• Telfer School of Management.” (Returning Students).

In online registration, it requires additional approval for some specific courses. In such cases a confirmation number will be provided to the students. The students will be notified on the basis of that confirmation number. The students can also change their programme of studies and course selection using this tool, but it should be done within the closing date.

Registration in person or by mail

The regular student has been provided the facility to register in person or by mail. These students must obtain the approval for the course selection. The completed and signed registration form has to be submitted to the faculty in the Academic secretariat or in the school or department. This registration form can be send by fax, mail or in person.

The students who are not admitted to any studies are termed as special students. These students cannot use the Rabaska online tool for registration. These students have to report to the academic unit that offers the particular courses. The completed registration form has to be printed and approval from the unit has to be obtained. The special students must have to pay their fees before the deadline through internet or financial institutions by depositing a cheque in the box of express payment.

There are special admission conditions for some specific courses. The students cannot register unless these special conditions are met by them. For certain programs the students cannot register online because those courses may not be available online, then the registration has to be done in person or by mail or by fax.

There is a special form in the university for cancelling the registration or for changing the course selected. This form should be presented to the respective faculty in the department.

Off-Campus Registration

The off-campus registrations provided by the university are in Cornwall, Hawkesbury and in Pembroke. The registration is done in the beginning of the session and the respective classrooms will be assigned to them. In the University of Ottawa the registration is renewed every year. This helps the university to update the informations of the students and make sure that the changes in the informations are changed correctly. Renewal is mainly done for the government for their statistical purpose. After registration, enrolment of the student is done. Online enrolment is also provided by the university which enables the students to complete the process more easily and conveniently. The university intimates the applicant the date of registration; on the respective date and time the students must register their details.

Once the registration process is completed it implies that the particular student has become a member of the university and also he can attend the seminars and lectures which are provided by the university and also he can have access to library, computer labs and other facilities which are provided by the university for the benefit of the students.

Legal Contract

There are certain contractual issues that must be taken into consideration before entering into a registration contract. The contract of registration to become valid must satisfy certain conditions which are prescribed by the University of Ottawa and the court of law of Canada. There is a set of law for all universities in every country. For every contract, there are certain terms and conditions that must be agreed by both the parties to the contract. The registration process involves certain agreement to be signed. The University of Ottawa deals with many contracts such as the housing contract, instructional contract and education contract.

Documents

The students willing to study in the University of Ottawa has to submit many documents with respect to their registration. There are a set of documents to be submitted. If the student is from a foreign country, then he/she has to submit certain documents that prove his/her identity. All the documents that are mentioned below must be presented in the university at the time registration.

An official document showing fulfilment of the basic degree requirements:

1. The students who completed their degree form the Ottawa University need not present this document.
2. The students who taken a degree from other universities must submit a letter stating that the student has completed the degree requirements and he will confer to the 2009 convocation

The original copy of the birth certificate, passport of the students (for students from other countries) and evidence for the citizenship:

1. A copy of marriage certificate(women registered under married name)
2. An acknowledgment with the original copy of the file is signed registration eligibility) parents.
3. A record of recent negative tuberculosis test that must be valid from June 2009-June 2010 must be presented
4. The last score card and the recent test scores has to presented
5. A guardianship affidavit has to be presented if the student is not staying with the parents

Once all these documents are presented to the university it becomes the property of the university. The students must take photocopies of each document before submitting.

Explanation of the paper

The topic for the study is to analyse the registration documents required for becoming a university student. The study involves the analysis of the registration process, documents involved in the registration process, legal contract and clauses involved in the registration process and the legal issues related to the registration process with respect to the University of Ottawa. The objective of this paper is to understand the various registration documents required to become a university student. The paper also provides asset of recommendations to make the registration process more convenient.

Objectives

All studies are oriented towards a particular objective and based on the objective, study or the research work is done. In this study, the main objective is to analyze and understand the registration documents that are required to become a student in the University of Ottawa. Registration process is not the same in all the universities. It is practised based on the rules and regulations of the respective university. If candidate fails to register, he/she will be charged fine for late registration when he registers for the next time. The objectives of the study are as follows:

1. To identify and analyze the various registration documents that are required to become a student in the University of Ottawa.
2. To understand the different clauses of contract associated with the registration process associated with the University of Ottawa.
3. To identify the legal principles practiced in the University of Ottawa.
4. To understand the applicability of those legal principles in the university registration practices.
5. To gain a clear cut idea regarding the documents to be submitted at the time of registration in Ottawa University.

Research Methodology

The research methodology mainly considers some topics under discussion based on the data collected from two sources – primary data and secondary data. Research methodology is the process of collecting data from various sources and using those data for the preparation of the project. Primary data is also known as first hand data and these mainly include observations, surveys, field research and studies. Secondary data consists of those data that are already available. It consists of all published material, articles, journals, internet searches, information from previous research studies, recordings and the information from the surveys that were conducted earlier. Apart from these, all the definitions and analyses that are taken from the internet sources serve as a part of the research methodology.

Clauses of contract

A contract is framed by using certain languages or clauses. The University of Ottawa involve certain contracts such as housing contracts for students, education contracts and instructional contracts. For all theses contracts there are certain basic clauses that is framed for the proper functioning of the contract. The use of these clauses is to explain the real meaning and applicability of the contract. The contract clauses that are commonly used are as follows:

• Merger and integration clause
• Statute of limitations clause
• Arbitration clause
• Choice of law and Forum clause
• Indemnification language
• Time of performance
• Saving clause
• Attorney fee clause
• Non-waiver clause
• Liquidated damage clause (Larson).

These are the contract clauses that are used by the University of Ottawa in the registration process. The clauses that are listed above make the registration contract to be valid that is involved in the registration process. Absence of any of these clauses may lead the cancellation in the registration process. These contract clauses help the student and the university if any loss is caused by any of these parties. These clauses imply the legal enforceability of the contract. Any default in the registration contract may create problems. All the disputes are solved by using these clauses. Therefore, proper care has to be taken while entering into a registration contract with a university. The student should make sure that he/she is clear with all the terms and conditions stated in the contract of the University of Ottawa. All the clauses in the contract have their own importance. If any loss occurs due to the misuse of contract by one party in the contract, the other party can recover his loss from the first party with the help of the clauses. The clauses are explained below:

Merger and integration Clause

The main purpose of merger and integration clause is to eliminate the problems that may arise later as a result of not clearly understanding the details and conditions in the contract. The student who has taken admission in the University of Ottawa might later claim that he/she was not clear with the conditions in the contract. The university never accepts any oral agreements. An agreement is only amended when it is in a written format and when it is legally executed. “The purpose of a merger and integration clause is to prevent the parties to a contract from later claiming that the contract does not reflect their entire understanding, was changed by a subsequent oral agreement, or is not consistent with prior agreements.”(Larson, Merger and Integration Clauses, para.1).

Statute of limitations clause

The statute of limitations clause deals with the changing of the statute limitations. It is applied to all the litigations that are included as a subject matter in contract. The students should be able to meet all the liabilities that he has undertaken for the purpose of studying in the University of Ottawa. For example, if the law provides 10 years of statute of limitations for litigations, the parties to the contract can shorten the period. Unless it is a reason which is related to public policy the state will provide reductions.

“The statute of limitations is a defence that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed.” (Statute of Limitations, para.2). This usually happens when the students fail to pay the course fee. There will be a prescribed time limit for the payment of the fee and if the time exceeds the university is having the right to cancel the registration of the students. Therefore, before entering into a contract, the parties to the contract should verify whether they can meet the liability mentioned in the contract. All contracts that are enforceable by law should be performed correctly with full force stated by the court of law.

Arbitration clause

A contract will include some clauses which cause disputes within the contract and are solved by using the arbitration clause. It not only covers the disputes but also includes all types of controversies. This clause is mostly used in a contract which helps the students and the universities to solve the disputes that are related with the particular contract. The disputes are resolved through an arbitration process. The arbitration process involves the binding of student and university to the contract with the help of a resolution outside the court of law. It is also called as forum selection clause because it binds both the parties to the contract by binding their relation by using resolution. “Provision is included in certain construction, insurance, labour, sale, or other types of contracts, requiring settlement of disputes through arbitration instead of litigation. Often the procedure to be followed in arbitration is also laid down in the same document.” (Arbitration Clause: Definition, para.1).

Choice of law and Forum clause

Most of the contracts will contain some languages and all these languages are interpreted by the court of law and also any litigation in the contract will be specified by the court. As already mentioned, arbitration is used to solve the disputes that arise from a contract. Here, the student and the university to the contract will specify which law must be used to resolve those disputes. This is applicable only when the state consists of a single legal system. If the university and the student involved in a contract belong to the same state from where the contract has been framed and belong to the same geographical area and if the contract is silent on this part the municipal law will take the responsibility of handling those disputes. The parties to the contract can select which type of law they need to safeguard their interest. This is termed as freedom of contract as per public policy. Normally, this type of contract is not promoted by most of the states unless it is a bona fide contract between the university and the student.

Indemnification language

This clause deals with indemnifying the loss that is caused by the one party to the contract to the other party to the contract. This mainly leads to the violation of the contract rules which may cause breach of contract. This clause includes three activities, namely indemnify, defend and hold harmless which is specified in the definition. The losses or the expenses incurred by one party are paid by the other party to the contract. If the university faces any losses due to the misbehaviour of the student, then the student is liable to pay pf the loss that is caused by him. The way of clearing the loss caused to the other party is called as indemnification. “Indemnity clauses may include any, or all, of three distinct obligations, including to (1) indemnify, (2) defend, and (3) hold harmless the client. ‘Indemnify’ means to reimburse your client following a loss. ‘Defend’ means to pay the client’s legal expenses as it defends itself against a third party claim. ‘Hold harmless’ may have different meanings but most generally is understood to be your agreement to protect the client against harm from suits by either third parties or yourself.” (Holland, para.2).

Time of performance

In every university there will be a specific time period for all its academic activities. In most of the university contracts, the time period for the performance of an activity will be legally specified. It is termed as time of essence. The contract which is signed by the university and the student may become void if it is not practiced within a particular time period. This may lead to breach of contract. If the student performs any action against the rules and regulations of the university then we can say that the student has violated the university contract which is termed as breach of contract. This clause mainly deals with all types of issues that rise out of the delay or violation in performance of the contract. Time is considered as the main essence in all provisions in the university. If any agreement contains a specific time, then the contract should be performed within the specified time limit.

Saving clause

In most of the contracts in universities, saving or severability clause will be included. It ensures that the contract can be enforced even if any part of the contract is known to be invalid. Any provisions that cannot be enforced in the contract will be modified based on the choice of the parties to the contract. The saving clause will help both the student and the university in performing any action even if the contract contains any unenforceable terms. The remaining provisions other than the modified will be enforced with full effect. If a contract does not contain saving or severity clause and if any clause in the contract between the student and the university is invalid, then the complete contract is said to be invalid in nature. Saving clause means “A provision in a statute or contract that if any clause is determined to be unenforceable, the remainder of the statute or contract will remain intact and enforceable.” (Saving Clause Definition- Legal, para.1). This clause depicts that if there is any change in any of the provisions in the contract, that is, if anything is found to be void, then certain modifications are done according to the intention of the student and the university and the rest of the provisions in the contract can be performed with full effect. But, if there is no saving clause in the contract, any invalid clause in that particular contract will affect the entire enforceability of the contract. Therefore, saving clause must be included in every contract.

Attorney fee clause

Attorney fee clause means a particular amount of fee will be given by the loser to the prevailing party for the loss caused by him. If the student has created any loss it will be reimbursed by the university at the time of litigation. It can also be reimbursed when he is leaving the university after the completion of the course. This fee is given at the time of the litigation process. The attorney fee and the cost are also reimbursed. “An attorney fee clause is a provision that states that the prevailing party in any dispute arising under the agreement shall be awarded his or her reasonable attorney fees and costs.” (Attorney Fess Provision in Contracts, para.1).

In some cases disputes may arise, in such situations the party who incurred loss will be reimbursed by the other party to the contract.

Non-waiver clause

The non-waiver clause deals with protecting university who identifies the non-compliance done by the student to the contract. The waiver is created by the university with respect to the students when he makes any fail in performing the contract. A waiver must not be vague and must be in writing or in an oral format. “A non-waiver clause aims to preserve a party’s rights and remedies if that party fails, whether intentionally or by oversight, to take action in respect of a breach of contract.” (Bartley, para.6).

Liquidated damage clause

It is very difficult to calculate the damages caused by the student to the contract. In order to cover all the damages that are caused in the performance of the contract, liquidated damage clause is included in the contract. Before entering into the contract, both the university and the student will agree upon a certain amount of money as damage claim that has to be given by the student; so whatever may be the damage, the amount mentioned earlier will be provided. If the damage caused incurs more amount than which is already mentioned in the contract, it is not possible to pay that full amount. The amount which is mentioned in the contract will be provided, whatever the claim may be. Liquidated damage clause is “A clause in a contract which sets out the compensation to be paid in the event of a breach or a default of the terms of the contract. The compensation set out in a liquidated damages clause should be a genuine pre-estimate of the loss suffered as a result of the non-completion of the contract.” (Business Definition for: Liquidated Damages Clause, para.1).

The legal principles and its application

The legal principles mainly framed perform all the contractual activities in an effective and efficient way. A contract is a legal agreement which binds the student and the university where by the student states that he shall abide by all the rules and regulations that is framed by the university. A contract is enforceable only when it satisfies all the legal principles set by the court of law and the respective university. Among the parties to the contract if any of the party that is either the student or the university fails to perform their duties without any valid reasons, then that process is termed as breach of contract. If any disputes or related issues arise, such issues are solved and settled by the court of law in Canada. The disputes are settled by the Canadian court of law by using various measures and the terms and conditions that are specified in the contract. A contract which is enforceable by law is termed as valid contract and the contract which is not enforceable by law is termed as void contract. Therefore, in order to solve all these issues, the above set principles or essential elements should be taken into consideration. Any contract which is involved in the university must fulfil certain conditions.

“A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act, which resulting contract is enforceable in a court of law.” (Howng050, what is a Contract, para.1).

The contract of law governs all types of documents whether it is written or oral. It is a legal document and is enforceable only through the court of law. Any agreement which is in writing or oral format between two or more parties can be legally transferred and can be considered as a contract. The parties (student and the university) who are engaged in the agreement will have the right to have the evidence of material. It might be very difficult to prove those contracts that arise out of oral agreements. An agreement to become a contract must satisfy some conditions. The legal principles refer to the essential elements that must be included in the contract to be valid. These principles make a contract to be enforceable by law. Before entering into the contract both the university and the student must make sure that all these principles are presented in the contract. All the basic concepts are to be considered before framing a contract. The legal principles of contract with respect to the University of Ottawa are listed below:

• Termination of offer
• Communication to acceptance
• Variations of contract
• Conditional agreements
• Voidable contracts

Termination of offer

Termination of offer refers to the end of the contract or the cancellation of the contract. In some cases a part of the contract terms and conditions will be cancelled in that partial cancellation is termed as partial termination. Termination of offer can be defined as “the cessation or cancellation, in whole or in part, of work under a prime contract or a subcontract there under for the convenience of, or at the option of, the government, or due to failure of the contractor to perform in accordance with the terms of the contract (default).” (Contract Termination).

For any contract to be valid must have a valid acceptance and there must be an offer to which the acceptance is given. The offer should be in existence at the time when the acceptance is made. The termination of offer can happen in many ways by revocation, acceptance, rejection, lapse of time, death and conditions bringing an offer to an end and failure of precondition.

All the above mentioned situations where the contract can be terminated are explained as follows:

Revocation: Revocation can be defined as “Cancellation, withdrawal, or termination of a act, offer, or power (such as power of attorney).” (Revocation: Definition). The revocation of an offer can be done at any time before its acceptance. If the revocation is done after the acceptance of the offer then such revocations are considered to be ineffective in a contract. “The revocation must be done directly or indirectly.” (Gillies 19).

When the offer for the revocation is send through mail then the revocation is possible only if the mail has been received by the intended person to whom the mail is been send. Revocation can also be done expressly or impliedly. The revocation is also done through advertisements. In such situations the court will accept that the advertisement for the revocation has been communicated to the other party through advertisement.

If there is any change in the decisions taken by the student or the university it must be immediately communicated to each other so that the problems can be reduced at a considerable extent. The student or the university can communicate their revocation to the contract through mail or through advertisement.

Acceptance: It means that the offer does not exist and it has been exhausted. “In the law of contracts, acceptance is one person’s compliance with the terms of an offer made by another.” (Acceptance, para.2).

A contract does not exist only with the offer. The offer given should be accepted by the other party. If the offer is accepted it becomes a contract. But if the offer is not accepted then it is termed as the termination of the contract. Non acceptance of offer leads to the termination of the offer. The student should intimate the university that he is willing to undergo his studies in that particular university. The application form submitted by the student should be accepted by the university then only he can continue his studies.

Rejection: The person to whom the offer is made and if that person rejects the particular offer then it will lead to termination of offer. “If the offeree makes a counter offer (that is, proposes a contract on different terms even though the difference may relate to only one material matter), this is tantamount to rejection.” (Gillies 19).

Any offer that is refused before the acceptance will not be taken into consideration later. The student after submitting all the necessary document and it is found that the particular student is not fit to study in the university then the offer made will be terminated by the university.

Lapse of time: For every contract there will be a specified time limit where the acceptance has to be one within a particular time period and if the time limit exceeds, then the entire contract will be terminated. When an offer is made the time limit for the acceptance of the offer will be determined by both the parties to the contract. The university will provide a particular time for the student for performing the registration and admissions operations. In such cases the students must complete all such procedure within the time limit specified by the University. In some cases there will be no specific time limit, in such situations a reasonable will be framed by the court of law. The court will frame the time limit based on the circumstances of the individual and the type of business involved.

Death and conditions bringing an offer to an end: The termination of the offer also occurs when a situation arise that results in the death of the parties to the contract. “If the contract is a personal service or artistic performance with a particular individual involved, it comes to an end if that person dies.” (Termination of Offer).

Failure of precondition: Before accepting the offer the terms and condition of the contract the terms and conditions will be determined initially. In every offer there will be a set of conditions to be followed. In some cases the conditions will be altered unknowingly and in such cases it may lead to the termination of the offer. “If a main term of an offer is unfulfilled or substantially altered, then the offer is no longer capable of acceptance.” (Termination of Offer).

If the students violate any terms and conditions in the offer then the offer will be terminated.

Communication to acceptance

The offer accepted should be communicated to the party immediately. “A contract is not formed unless the acceptance is communicated.” (Agreement).

The consent of the university is received through registration process. After filling the registration form it must be signed by the student or parent and must be submitted to the university. When an offer is made by a party it implies that particular person is interested or willing to enter into a contract. Both the parties to the contract must be legally fit to enter into the contract. The offer must be certain and the intention to create an agreement must be true in nature and must not indulge in any fraudulent activities.

It is essential for a contract and must be communicated to the other party to the contract. In the concept of acceptance there are many rules that are taken into consideration.

• The acceptance should not be in silence and it must be communicated to the other party to the contract.
• The acceptance should be done within the specified time period.

The acceptance can be communicated by post of by fax. Silence does not imply any acceptance. The acceptance must be communicated within the time specified in the contract.

Variations of Contract

The parties to the contract have no right to change the terms and conditions that are mentioned in the contract. “A variation of a contract is an alteration to the legally enforceable obligations which previously bound the parties, and it may be to vary the obligations set out in the contract or qualify the existing obligations.” (Term: Variation of Contract).

Any variation in the contract is enforceable only when it contains three elements such as offer, acceptance and consideration. The offer made by one person must be accepted by the other party to the contract. There will be an equal benefit for both the parties to the contract and it is termed as consideration. It must be fresh in nature. In some cases the contract permits the party to make some changes in the contract. Here the consideration refers to the benefit the student and the university is receiving. The student is paying fees and in return he is getting knowledge and the consideration for the university is the fees paid to them.

Conditional Agreements

“A conditional agreement is an agreement for the transfer of dutiable property where completion of the agreement is conditional upon the happening of certain events specified in an instrument effecting or evidencing the agreement.” (Duties Fact Sheet: Conditional Agreement: Sections 87-91 of the Duties Act 2008).

In every agreement there will be a set of conditions that has to be strictly followed. They are also referred as the subject in the contract. The outcome in the contract is referred as the conditions. The conditions are considered as the portion of the agreements which is concerned with regulating the activities of the parties into the contract. The conditions can be expressed or implied. The conditions will be expressed in a contract by highlighting it as ‘conditions’. Every contract contains some conditions and without specific conditions a contract cannot be framed. In the University the conditional agreements refers to the terms and conditions stated by the university that must be strictly followed by every students who are interested to study there.

Voidable contracts

The contract which was having legal value in the initial period but later due to certain illegal practices it became unenforceable. Voidable contracts can be defined as “Contract that has legal effect and force when it is made, but is liable to be subsequently annulled or set aside by the courts through the process of rescission.” (Voidable Contract: Definition).

The situation which makes the contract Voidable is listed as follows:

• Non-disclosure of one or more material facts
• Misrepresentation
• Mutual mistake
• Lack of freewill of a contracting party, or presence of one contracting party’s undue influence over the other
• A material breach of the terms of the contract. (Voidable Contract: Definition).

Student should not indulge in any activities which makes the contract voidable. All the required documents should be submitted and the documents presented should be true in nature any wrong information should not be given.

Therefore, an agreement becomes a contract only when it satisfies all these conditions. It is the responsibility of the student to understand the terms and conditions prescribed by the university in the contract. The contract is a legal agreement which is enforceable by law. The terms and conditions should be specified clearly and correctly. There should not be any wrong intention on the part of the student while entering into the contract, the intention should be legal and should be for the academic purpose.

Recommendations and lessons learned

The various recommendations and the lessons learned from this study are as follows:

• All agreements cannot be considered as contracts unless they are enforceable in the court of law.
• Before entering into a contract with any university, one should check whether all the terms and conditions are communicated properly.
• The student should keep a copy of contract in his hand and can be used as a proof for his purpose.
• The offer must be made to create a legal relationship for a legal purpose.
• The communication to the acceptance should not be done in silence and it must be given within the time limit.
• Every legal measure should be taken through the court of law.
• Any damages caused by the negligence of the student or the university should be indemnified.
• It is recommended for both the students and the universities to not to enter into an oral contract.
• The written document serves as a legal evidence for future references for both the student and the university whenever requires.
• The terms and conditions mentioned by the university in the contract must be strictly followed by the students who are taking admissions in the University of Ottawa.
• Any violation of the terms and conditions in the contract may lead to breach of contract.
• The student entering into the contract must fulfil all the essential criteria that are required to become a student in the University of Ottawa.
• The student who has any criminal background records should not be permitted to undergo his studies in the particular university.
• If a specific time period is specified, the contract should be performed within the time limit provided in the contract.
• The acceptance must not be a forceful act; the parties to the contract must willingly accept the offer.
• There must be equal consideration for both the parties to the contract.
• The contract must be created to perform a legal purpose.
• If the student violates any terms and conditions in the contract, the university can identify the reasons for that and if the reason is valid, excuse or warning can be given for those students.
• The disputes or issues that arise from the law of contract are settled by the Canadian court of law.
• All the required clauses should be mentioned in the contract.
• If the clauses are not mentioned properly and if any liabilities occur it will be difficult for the innocent party to recover the loss.
• The terms and conditions in an oral agreement can be changed any time; so proper measures have to be taken before entering into an oral contract. It is better to avoid entering into an oral agreement.

Provisions related to contractual issues

The registration process involves a contract between the student and the university. There arise certain issues with respect to the contracts. In the Canadian legal system the legislative branch of government is responsible for creating the statue law and it is framed by the passage of legislation by the government. The judiciary is responsible for taking legal decisions. Certain issue that commonly arise in the law of contract with respect to the University of Ottawa are:

• Damages
• Indemnities
• Liabilities
• Waiver

All the above listed contractual issues are explained as follows:

Damages:The basic idea in evaluating the contract is the quantification of the damages that have arisen due to the breach of contract by the student. It must be kept in mind that all the damages will be recovered from the parties who are entering into the contract. It will be recovered from the student through the court of justice. The innocent party in the contract can claim for the loss incurred for him because of the other party. The damages caused are settled by the court of law based on the terms and conditions mentioned in the contract. The basis of measurement will be based on the measurement of the damages caused to the innocent party.

Indemnity Schemes: In some contracts, the liability amount will be stated. This is mainly applied for the students who are involved in the lab activities and use of scientific instruments. All these modern equipments require huge investment. If any loss arises due to the carelessness of the students, those losses are recovers by charging equal amount for all the students as a fine foe their carelessness. Usually, if the person incurs losses due to his own negligence, then that particular person is responsible for those losses.

Liability: The liability occurs when the student to the contract performs any activity that should not be performed as per the terms and conditions mentioned by the university in the contract. To be simple, when the contract is breached it leads to liability. The liability is paid to innocent party who incurred the loss due to the performance of the other party. If the contract contains any exemptions related to the liability, then it does not lead to any liability.

Waiver: The parties to the contract may relinquish the terms and conditions in the contract. In such situations the real value of the damages cannot be recovered. The waiver is created by the university with respect to the students when he makes any fail in performing the contract. A waiver must not be vague and must be in writing or in an oral format.

Works Cited

Acceptance. The Free Dictionary, 2009. Web.

Agreement. Rural Law Online. Victoria Law Foundation. 2009. Web.

Arbitration Clause: Definition. Business Dictionary.com, 2009. Web.

Attorney Fess Provision in Contracts. All Business, 2009. Web.

Bartley, Jonathan. Member Publications: Beware the Non- Waiver Clause. World Services Group, 2009. Web.

Business Definition for: Liquidated Damages Clause. BNET Business Dictionary, 2009. Web.

Consideration. The ‘Lectric Law Library’s Lexicon on’, Web.

Contract Termination. The Free Dictionary. 2009. Web.

Duties Fact Sheet: Conditional Agreement: Sections 87-91 of the Duties Act 2008. Department of Treasury and Finance. Government of Western Australia. 2008. Web.

Gillies, Peter. Concise Contract Law. Federation Press. 1988. Web.

Holland, J. Kent. Indemnification Clauses, Part 1: Discussion from a/e ProNet’s Risk Management and Contract Guide. AE ProNet, Web.

Howng050. Contract Law in Ontario Today: What is a Contract. AA: Article Alley, 2009. Web.

Howng050. Contract Law in Ontario Today: Offer. AA: Article Alley, 2009. Web.

Howng050. Contract Law in Ontario Today: Formalities and Writing. AA: Article Alley, 2009. Web.

Larson, Aaron. Common Contract Clauses: Merger and Integration Clauses. Expert Law, 2003. Web.

Larson, Aaron. Common Contract Clause. Expert Law, 2003. Web.

Overview. Uottawa Historical Highlights, Web.

Returning Students. University of Uottawa – Canada’s University, 2009. Web.

Revocation: Definition. Business Dictionay.com. 2009. Web.

Saving Clause Definition- Legal. Your Dictionaty.com, 2009. Web.

Statute of Limitations. The Free Dictionary, 2009. Web.

Termination of Offer. 2009. Web.

Term: Variation of Contract. Gillhams, Solicitors llp. 2008. Web.

Voidable Contract: Definition. BusinessDictionary.com. 2009. Web.