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The Law of Contracts

The Law of Contracts

2nd edition

By John McCamus

CONTENTSREVIEWS

The Law of Contracts, second 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 variety of topics including:

  • The new doctrine in Tercon Contractors Ltd. v. British Columbia (2010) for determining the enforceability and application of exculpatory clauses.
  • The possible implications of the new doctrine of the “unconscionable term.”
  • The effect of Shafron v. KRG Insurance Brokers (Western) Inc. (2009) on the doctrine of restraint of trade and the concept of notional severance.
  • The implications of Fidler v. Sun Life Assurance Co. of Canada (2006) and Honda Canada Inc. v. Keays (2008) on the availability of damages for non-pecuniary injury.
  • The ability to limit the effect of ContractA/Contract B analysis in tendering illustrated by Double N. Earthmovers Ltd. v. Edmonton (City) (2007).
  • The ability to seek equitable compensation when equitable rescission is barred, recognised in Rick v. Brandsema (2009).

The book also incorporates reference to leading Canadian cases on the doctrines of consideration, duress and good faith and discussion of recent English authorities dealing with such matters as contract interpretation and the rule in Hadley v. Baxendale.

McCamus on Contracts is an indispensible resource for anyone interested in modern Canadian contract law.


CONTENTS

Introduction

PART ONE: FORMATION

Offer and Acceptance
Certainty of Terms
Intention to Create Legal Relations
Bargaining in Good Faith
Agreements in Writing

PART TWO: ENFORCEABILITY

Consideration and Form
Waiver and Promissory Estoppel
Privity of Contract

PART THREE: VITIATING FACTORS

Misrepresentation
Duress, Undue Influence and Unconscionability
Illegality
Mistake
Frustration

PART FOUR: PERFORMANCE AND BREACH

Conditions, Warranties and Repudiatory Breach
Anticipatory Repudiation
Conditional Agreements
Representation and Warranty

PART FIVE: INTERPRETATION OF AGREEMENTS

General Principles of Interpretation
Exculpatory Clauses
The Implied Duty to Perform in Good Faith

PART SIX: REMEDIES

Damages
Specific Performance and Injunctions
Restitution and Disgorgement

Table of Cases / Index / About the Author


REVIEWS

Professor McCamus’s The Law of Contracts is manifestly a labour of love. In its tone, style and overall approach it demonstrates the classic hallmarks of an experienced, caring and understanding teacher combined with the insights of a passionate and engaged legal scholar. It is essential reading for anyone with an interest in modern Canadian contract law and will undoubtedly see many future editions.

Richard Devlin (2006) 43 Can.Bus.L.J. 319-24 at 324

   

Published 30 November 2012
Publisher Irwin Law (Canada)
Paperback/1214pp
ISBN 9781552213056
Australian RRP $99.00
International Price $90.00
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Law - Canadian Law
Law - Contract

Essentials of Canadian Law


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