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ISBN: 9781552213056

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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.

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 Abstract Contributors Pages Year Price

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Introduction to the study of contract law by outlining the topics covered in the book. 28 $2.80

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Discussion of the analytical framework surrounding the offer by one party and acceptance by another party toward reaching a binding agreement. 61 $6.10

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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. 20 $2.00

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Discussion of the requirement that the parties to an agreement intended to create legal relations for it to be legally enforceable. 27 $2.70

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Examination of the extent to which the common law of contract provides legal protection to the institution of bargaining in good faith. 24 $2.40

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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. 50 $5.00

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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. 68 $6.80

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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. 20 $2.00

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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. 30 $3.00

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Discussion of the elements of misrepresentation, non-disclosure, remedies, and tort liability. 43 $4.30

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Examination of the common law and equitable doctrines applying to circumstances where a stronger party induces a weaker party’s consent to an agreement. 75 $7.50

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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. 71 $7.10

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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 … 75 $7.50

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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. 47 $4.70

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Examination of rules governing breaches giving rise to the innocent party’s right to terminate, and the classification of terms as conditions or warranties. 40 $4.00

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Discussion of the rules governing situations where one party manifests an intention not to perform or be bound by provisions requiring future performance. 21 $2.10

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Examination of the effect of non-promissory conditions on the enforceability of agreements. 18 $1.80

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Discussion of contractual and pre-contractual representations and the contractual and tort liability arising from the falsity of such representations. 14 $1.40

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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. 51 $5.10

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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. 39 $3.90

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Examination of whether Canadian common law recognizes the existence of a general duty on contracting parties to perform their agreements in good faith. 34 $3.40

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Discussion of the principles underlying assessment of damages for breach of contract. 104 $10.40

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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. 55 $5.50

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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 … 33 $3.30