Author: John Swan
Publisher:
ISBN: 9780433459507
Category : Contracts
Languages : en
Pages : 74
Book Description
Canadian Contract Law
Author: John Swan
Publisher:
ISBN: 9780433459507
Category : Contracts
Languages : en
Pages : 74
Book Description
Publisher:
ISBN: 9780433459507
Category : Contracts
Languages : en
Pages : 74
Book Description
CANADIAN CONTRACTUAL INTERPRETATION LAW.
Author: GEOFF R. HALL
Publisher:
ISBN: 9780433502333
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9780433502333
Category :
Languages : en
Pages :
Book Description
Contract Law and Contract Practice
Author: Catherine E Mitchell
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442
Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Publisher: A&C Black
ISBN: 1782253130
Category : Law
Languages : en
Pages : 442
Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
CANADIAN CONSTRUCTION CONTRACTS GUIDEBOOK.
Author: ELLIOT A. SMITH
Publisher:
ISBN: 9780779897179
Category :
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9780779897179
Category :
Languages : en
Pages :
Book Description
Quebec Contract Law
Author: Sébastien Grammond
Publisher:
ISBN: 9782896895311
Category :
Languages : en
Pages : 331
Book Description
Publisher:
ISBN: 9782896895311
Category :
Languages : en
Pages : 331
Book Description
The Canadian Law of Unjust Enrichment and Restitution
Author: Mitchell McInnes
Publisher:
ISBN: 9780433438199
Category : Unjust enrichment
Languages : en
Pages : 1785
Book Description
"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.
Publisher:
ISBN: 9780433438199
Category : Unjust enrichment
Languages : en
Pages : 1785
Book Description
"Although it is often referred to as "the third branch of private law", alongside contract and tort, the law of unjust enrichment and restitution is not well understood. That is true for a variety of reasons. The subject is seldom taught in law school. Many of the traditional cases speak in a language that is incomprehensible to modern ears. Most significantly, until now, there has not been a text that is structured in accordance with the modern Canadian principle of unjust enrichment.
Introduction to the Law & Legal System of Canada
Author: Nancy McCormack
Publisher:
ISBN: 9780779853304
Category : Law
Languages : en
Pages : 0
Book Description
This introductory text is intended to demystify the law and to provide information on the key components of the Canadian legal system including chapters on: The nature of law and competing theories of law Legal pluralism - how the Canadian legal system interacts with various religious legal systems Sources of Canadian law including legislation and caselaw The legal history of Britain, the reception of English law in Canada, the history of Civil Law in Quebec, and the bijural system The Constitution and the Canadian Charter of Rights and Freedoms The structure of Canadian government Courts across Canada and the work of judges and lawyers Problems regarding access to justice Substantive law including Criminal Law, Property Law, Contract Law, and Tort Law Procedural laws governing civil disputes and criminal prosecutions.
Publisher:
ISBN: 9780779853304
Category : Law
Languages : en
Pages : 0
Book Description
This introductory text is intended to demystify the law and to provide information on the key components of the Canadian legal system including chapters on: The nature of law and competing theories of law Legal pluralism - how the Canadian legal system interacts with various religious legal systems Sources of Canadian law including legislation and caselaw The legal history of Britain, the reception of English law in Canada, the history of Civil Law in Quebec, and the bijural system The Constitution and the Canadian Charter of Rights and Freedoms The structure of Canadian government Courts across Canada and the work of judges and lawyers Problems regarding access to justice Substantive law including Criminal Law, Property Law, Contract Law, and Tort Law Procedural laws governing civil disputes and criminal prosecutions.
Introduction to Contracts
Author: Bruce MacDougall
Publisher:
ISBN: 9780433502906
Category : Contracts
Languages : en
Pages : 437
Book Description
"This succinct yet comprehensive primer covers the law of contracts in the common law jurisdictions, focusing on the major cases in each area and on significan statute law, rendering the concepts readily understandable and accessible. This book situates contracts law within other areas of law, such as tort and restitution. It provides unique charts that summarize various issues, such as formation, enforcing promises, categorizing terms, liability, and more. The fourth edition addresses a number of recent Supreme Court of Canada decisions and the significant changes to the law on consideration, rectification, and consumer protection. Also addressed are further developments in the law in relation to the interpretation of contacts, and the new edition considers the issue of appeals of interpretation issues. The chapter on Mistakehas been thoroughly revised". -- Résumé de l'éditeur.
Publisher:
ISBN: 9780433502906
Category : Contracts
Languages : en
Pages : 437
Book Description
"This succinct yet comprehensive primer covers the law of contracts in the common law jurisdictions, focusing on the major cases in each area and on significan statute law, rendering the concepts readily understandable and accessible. This book situates contracts law within other areas of law, such as tort and restitution. It provides unique charts that summarize various issues, such as formation, enforcing promises, categorizing terms, liability, and more. The fourth edition addresses a number of recent Supreme Court of Canada decisions and the significant changes to the law on consideration, rectification, and consumer protection. Also addressed are further developments in the law in relation to the interpretation of contacts, and the new edition considers the issue of appeals of interpretation issues. The chapter on Mistakehas been thoroughly revised". -- Résumé de l'éditeur.
Contracts
Author: John Swan
Publisher: Butterworths
ISBN: 9780409871111
Category : Contracts
Languages : en
Pages : 1156
Book Description
Publisher: Butterworths
ISBN: 9780409871111
Category : Contracts
Languages : en
Pages : 1156
Book Description
The Law of Contracts, 3/e
Author: John McCamus
Publisher:
ISBN: 9781552215531
Category :
Languages : en
Pages :
Book Description
The Law of Contracts, third edition, is a thorough revision of this authoritative text in Irwin Law's Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in a variety of topics including: The impact of the ground-breaking decision in BhasinvHrynew, 2014 SCC 71, in articulating the general organizing principle requiring good faith performance underlying the existing law imposing duties of good faith contractual performance and the recognition of a new good faith duty of honest performance The potential implications of BhasinvHrynewfor the duty to bargain in good faith The effect of the decision of the Supreme Court of Canada in Canada (Attorney General)vFairmont Hotels Inc, 2016 SCC 56, on the law of rectification for mistake The continuing development of the Canadian jurisprudence applying the Terconrule to the enforceability of exculpatory clauses The impact of Uber Technologies Incv Heller, 2020 SCC 16 and Douez v Facebook Inc, 2017 SCC 33, on the doctrine of unconscionability The potential impact of Southcott Estates IncvToronto District Catholic School Board, 2012 SCC 51, on the law of mitigation and of specific performance The effect of Globe Motors IncvTRW Lucas Varity Electronic Steering Ltd(Eng CA) on the enforceability of "no oral variation" clauses The book also incorporates reference to recent Canadian cases on doctrines such as estoppel, privity, interpretation and appellate review, and discussion of recent leading authorities dealing with such matters as contractual interpretation and the application of the basic principles of formation to e-commerce. The Law of Contractsis an indispensible resource for anyone interested in modern Canadian contract law.
Publisher:
ISBN: 9781552215531
Category :
Languages : en
Pages :
Book Description
The Law of Contracts, third edition, is a thorough revision of this authoritative text in Irwin Law's Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in a variety of topics including: The impact of the ground-breaking decision in BhasinvHrynew, 2014 SCC 71, in articulating the general organizing principle requiring good faith performance underlying the existing law imposing duties of good faith contractual performance and the recognition of a new good faith duty of honest performance The potential implications of BhasinvHrynewfor the duty to bargain in good faith The effect of the decision of the Supreme Court of Canada in Canada (Attorney General)vFairmont Hotels Inc, 2016 SCC 56, on the law of rectification for mistake The continuing development of the Canadian jurisprudence applying the Terconrule to the enforceability of exculpatory clauses The impact of Uber Technologies Incv Heller, 2020 SCC 16 and Douez v Facebook Inc, 2017 SCC 33, on the doctrine of unconscionability The potential impact of Southcott Estates IncvToronto District Catholic School Board, 2012 SCC 51, on the law of mitigation and of specific performance The effect of Globe Motors IncvTRW Lucas Varity Electronic Steering Ltd(Eng CA) on the enforceability of "no oral variation" clauses The book also incorporates reference to recent Canadian cases on doctrines such as estoppel, privity, interpretation and appellate review, and discussion of recent leading authorities dealing with such matters as contractual interpretation and the application of the basic principles of formation to e-commerce. The Law of Contractsis an indispensible resource for anyone interested in modern Canadian contract law.