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.
With the immense number of contracts cases out there today, busy practitioners need a practical, in-depth contracts text book that tells them what the important cases are, why they are important, and what the underlying principles are. This book fills that need.
Written by Angela Swan, Jakub Adamski and Annie Na who are equally at home in academia and the legal practice, Canadian Contract Law, 4th Edition helps lawyers advise clients, draft agreements, and recognize the pitfalls and dangers in resolving contract disputes by carefully explaining the actual approach courts have taken to solving contractual disputes. All aspects of contract law are covered, so lawyers need not look elsewhere for an authoritative interpretation and practical guidance on Canadian contract law.
- Provides the reader with a framework for understanding contractual disputes by examining four central questions:
- What exactly is the problem?
- How do the rules deal with this problem?
- What is the solution?
- What other consequences and solutions may exist that the courts have not yet explored?
- Focuses on the problems of contractual relations as well as on those in transactions. The book recognizes that contracts are often more about doing business together over a lengthy period, rather than about single transactions
- Helps readers understand the principles that underlie the Canadian law of contracts
- Offers a guide through the contracts cases, and illustrates how the principles that underlie the law are being developed by the courts
- Both solicitors and barristers will benefit from the analysis of the relevant cases and principles set forth in the textbook
New In This Edition
- New and revised in depth analysis of the laws of contracts in Canada
- Illustrative footnotes discussing the development of key contract law concepts as well as comparing and contrasting case law
- Discussion and analysis of recent Supreme Court of Canada decisions including Sattva Capital Corp. v. Creston Moly Corp, 2014 SCC 53,  2 S.C.R 633, 373 D.L.R. (4th) 393; Bhasin v. Hrynew, 2014 SCC 71,  3 S.C.R. 494; Duez v. Facebook, Inc., 2017 SCC 33, at para. 137; Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7,  1 S.C.R. 121
- New section about the Requirement for Delivery of a Contract
- Expanded section on the Repudiatory and Fundamental Breaches of Contracts
- New section on the Order of the Performance of Contractual Obligations
- Extensive updates on Interpretation and Risk Allocation includes a discussion of interpretation, general concerns, a Canadian background and Canadian cases relating to contractual interpretation, the role of the Supreme Court, the standard of review, and the exclusionary rules in interpretation
- Discussion of a Tort Duty as outlined in Martel Building Ltd. v. Canada,  2 S.C.R. 860, 193 D.L.R. (4th) 1,  S.C.J. No. 60 (S.C.C.), and by Nicholas Reynolds in "The New Neighbour Principle: Reasonable Expectations, Relationality, and Good Faith in Pre-Contractual Negotiations" (2017), 60 Can. Bus. L. J. 94
Aussi disponible/Also available - Canadian Contract Law, 4th Edition (Hardcover)
Également d'intérêt en droit civil - Obligations