Provides access to leading Canadian contract cases. Expert commentary and analysis focuses on recent developments in the law and on how courts have treated and interpreted contracts as a whole.
Publisher: LexisNexis Canada Publication Language: English
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Angela Swan, B.Comm., LL.B., B.C.L., is a life member of the Law Society of Ontario. She is Counsel and a member of the Capital Markets and Corporate/Commercial Practice Groups at Aird & Berlis LLP in Toronto. She is an Adjunct Professor at Osgoode Hall Law School of York University, where she teaches courses on Contracts. She was a Professor of Law at the Faculty of Law, University of Toronto, from 1965 to 1988, and at McGill University from 1996 to 2002. She has also been a sessional lecturer at Queen's University and a visiting Lansdowne Professor at the University of Victoria. She was previously a partner at Aird & Berlis LLP, and an associate at Stikeman Elliott LLP in Montreal. Her areas of expertise include contract law, corporate law and the conflict of laws. Martindale-Hubbell has granted her an AV rating signifying the highest level of legal ability as well as an extremely high adherence to the professional standards of conduct, ethics, reliability and diligence. She is the author of many chapters in books, articles, papers, presentations and case comments. She is, with Jakub Adamski and Annie Na, the author of Canadian Contract Law, Fourth Edition (LexisNexis Canada, 2018). The first edition of Canadian Contract Law was awarded the Walter Owen Book Prize, 2006, by the Canadian Bar Association. She has five children and 14 grandchildren who give her more joy than she had ever believed possible.
Jakub Adamski, B.A., B.C.L., LL.B., LL.M., is the Faculty Lecturer in Legal Ethics at the Faculty of Law, McGill University and a lawyer who advises on litigation and corporate law disputes. He previously worked at a leading Toronto law firm after completing his legal education at McGill University and Columbia Law School. He has also taught various courses and seminars on corporate and securities law at the Faculty of Law, McGill University and on sale of goods, contract law and the legal profession at the Université de Montréal. With Angela Swan and Annie Na, he is co-author of Canadian Contract Law, Fourth Edition. With Angela Swan, he also authored the Contracts title for Halsbury's Laws of Canada, and he has authored several articles, case comments and presentations.
Annie Y. Na, B.A., M.A., Ph. D., J.D. has a Ph.D. in linguistics from the University of Chicago and a J.D. from the University of Toronto. She was called to the Bar in Ontario in 1999 and was a research lawyer in Fraser Milner Casgrain (now Dentons) LLP and Lenczner Slaght Royce Smith Griffin LLP. Since July 2016, she has had her own legal research practice. She has published articles on a variety of legal subjects.With Angela Swan and Jakub Adamski,, she is co-author of Canadian Contract Law, Forth Edition.
Chapter 1: Introduction
1.1 The Purposes of the Law of Contracts
1.2 The Importance of the Law of Contracts
1.3 The Range of Contracts
1.4 The Interests Protected by the Law of Contracts
1.5 The Features of the Modern Law of ContractsChapter 2:
2.1 Introduction
2.2 The Bargain Theory and Its Limits
2.3 The Protection of Reliance
2.4 Relations That Are Not Protected
2.5 Contracts Under SealChapter 3: Third Party Beneficiary Contracts
3.1 Introduction
3.2 Avoiding the Rule
3.3 The Exceptions
3.4 The Recent Cases
3.5 The Future of the Third Party Beneficiary Rule
3.6 The New Brunswick Legislation
3.7 The English Position after the 1999 LegislationChapter 4:
4.1 Introduction
4.2 The Common Law Rules
4.3 Problems of the Process
4.4 The Limits of the RulesChapter 5: The Requirement of Writing
5.1 Introduction
5.2 The Provisions of the Statute of Frauds
5.3 Part Performance
5.4 The Requirements of the Statute
5.5 Recent Changes and Other LegislationChapter 6:
6.1 Introduction
6.2 Damages as Compensation
6.3 Equitable Remedies
6.4 Awards Based on Values Other than CompensationChapter 7:
7.1 Introduction
7.2 Express Conditions
7.3 Implied Conditions
7.4 The Right of the Party Who Has Not Performed to Sue
7.5 The Right of the Party in Breach to Claim RestitutionChapter 8:
8.1 The Process of Interpretation
8.2 Misrepresentations and Warranties
8.3 Mistake
8.4 FrustrationChapter 9:
9.1 Introduction
9.2 Techniques of Control
9.3 Protecting Expectations in Contractual Relations
9.4 Protection of Other Interests
9.5 Restraints on Freedom of Contract
9.6 Capacity to ContractChapter 10:
10.1 Introduction
10.2 Common Law Illegality
10.3 Statutory Illegality
