Author(s)	John McCamus
Publication Year	2012
Publisher	Irwin Law Inc.

ISBN: 9781552213056

Category: Contracts

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Law of Contracts, 2/e

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, recognized 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.

Contributors

John McCamus

John D. McCamus, BA, MA, LLB, LLM, LSM, LLD (Hon), FRSC, is a professor of law and university professor at the Osgoode Hall Law School of York University, a faculty which he served as dean from 1982 to 1987. He is a member of the Ontario Bar. Prior to joining the faculty at Osgoode, he spent a year as a law clerk at the Supreme Court of Canada for Chief Justice Laskin.

Chapter Title	Contents	Contributors	Pages	Year	Price
Introduction Preview	Introduction to the study of contract law by outlining the topics covered in the book.	John McCamus	28	2012	$2.80
Offer and Acceptance Preview	Discussion of the analytical framework surrounding the offer by one party and acceptance by another party toward reaching a binding agreement.	John McCamus	61	2012	$6.10
Certainty of Terms Preview	Discussion of the requirement that parties reach an agreement on essential terms by expressing themselves such that the meaning of the terms can be determined with a reasonable degree of certainty.	John McCamus	20	2012	$2.00
Intention to Create Legal Relations Preview	Discussion of the requirement that the parties to an agreement intended to create legal relations for it to be legally enforceable.	John McCamus	27	2012	$2.70
Bargaining in Good Faith Preview	Examination of the extent to which the common law of contract provides legal protection to the institution of bargaining in good faith.	John McCamus	24	2012	$2.40
Agreements in Writing Preview	Discussion of when an agreement needs to be in writing to be enforceable, the incorporation of written terms into an agreement, and the parol evidence rule.	John McCamus	50	2012	$5.00
Consideration and Form Preview	Discussion of the concept that an enforceable promise has to be given in return for something of value, the common law formality rule enforcing sealed instruments, and prospects for reform.	John McCamus	68	2012	$6.80
Waiver and Promissory Estoppel Preview	Discussion of the concepts of a party to an agreement waiving its right to insist on strict performance, and of a party being bound by a gratuitous promise intending to be binding and acted upon.	John McCamus	20	2012	$2.00
Privity of Contract Preview	Discussion of the general principle that an undertaking by one of the parties to an agreement to confer a benefit on a third party is not enforceable by that third party.	John McCamus	30	2012	$3.00
Misrepresentation Preview	Discussion of the elements of misrepresentation, non-disclosure, remedies, and tort liability.	John McCamus	43	2012	$4.30
Duress, Undue Influence, and Unconscionability Preview	Examination of the common law and equitable doctrines applying to circumstances where a stronger party induces a weaker party’s consent to an agreement.	John McCamus	75	2012	$7.50
Illegality Preview	Discussion of agreements rendered unenforceable by reason of illegality, either by being contrary to public policy as a matter of common law or by being contrary to statute.	John McCamus	71	2012	$7.10
Mistake Preview	Discussion of various common law and equitable doctrines developed to provide relief from mistakes preventing the formation of an agreement, mistakes concerning the decision to enter an …	John McCamus	75	2012	$7.50
Frustration Preview	Discussion of the doctrine allowing an excuse for non-performance to a party whose ability to perform has been compromised by supervening events occurring after formation of the agreement.	John McCamus	47	2012	$4.70
Conditions, Warranties, and Repudiatory Breach Preview	Examination of rules governing breaches giving rise to the innocent party’s right to terminate, and the classification of terms as conditions or warranties.	John McCamus	40	2012	$4.00
Anticipatory Repudiation Preview	Discussion of the rules governing situations where one party manifests an intention not to perform or be bound by provisions requiring future performance.	John McCamus	21	2012	$2.10
Conditional Agreements Preview	Examination of the effect of non-promissory conditions on the enforceability of agreements.	John McCamus	18	2012	$1.80
Representation and Warranty Preview	Discussion of contractual and pre-contractual representations and the contractual and tort liability arising from the falsity of such representations.	John McCamus	14	2012	$1.40
General Principles of Interpretation Preview	Discussion of the sources that may be examined for the purpose of interpreting an agreement, the traditional canons of construction, and the basis on which courts imply terms in agreements.	John McCamus	51	2012	$5.10
Exculpatory Clauses Preview	Discussion of clauses used to limit the potential liability of a party for breach of contract and judicial attempts to control their effect, including the concept of fundamental breach.	John McCamus	39	2012	$3.90
The Implied Duty to Perform in Good Faith Preview	Examination of whether Canadian common law recognizes the existence of a general duty on contracting parties to perform their agreements in good faith.	John McCamus	34	2012	$3.40
Damages Preview	Discussion of the principles underlying assessment of damages for breach of contract.	John McCamus	104	2012	$10.40
Specific Performance and Injunctions Preview	Discussion of the equitable remedies directing a breaching party to perform an act as promised or to refrain from doing something that was promised not to be done.	John McCamus	55	2012	$5.50
Restitution and Disgorgement Preview	Discussion of restitutionary claims that might arise in a transactional or contractual setting, including remedies to the innocent party, remedies to the breaching party, and remedies under …	John McCamus	33	2012	$3.30

Law of Contracts, 2/e

Contributors

John McCamus

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