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.
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.
This project has been made possible in part by the Government of Canada.