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The Law of Contracts

The Law of Contracts

3rd edition

By John McCamus

CONTENTSREVIEWS

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 Bhasin v Hrynew on articulating the general organizing principle requiring good-faith performance
  • the effect of the decision of the Supreme Court of Canada in Canada (Attorney General) v Fairmont Hotels Inc on the law of rectification for mistake
  • the continuing development of the Canadian jurisprudence applying the Tercon rule to the enforceability of exculpatory clauses
  • the impact of Uber Technologies Inc v Heller and Douez v Facebook, Inc on the doctrine of unconscionability
  • the potential influence of Southcott Estates Inc v Toronto District Catholic School Board on the law of mitigation and of specific performance

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 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 9 October 2020
Publisher Irwin Law (Canada)
Paperback/1314pp
ISBN 9781552215531
Australian RRP $105.00
International Price $96.00
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Law - Canadian Law
Law - Contract

Essentials of Canadian Law


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