Canadian Contract Law, 3rd Edition

This book 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.

Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433472124
Publication Date: 2012-10-31

				Price: $295.00

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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 authors equally at home in academia and the legal practice, this book 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.

Book Features

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 contract 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
- Analysis and discussion of new case law on the following topics:
  - Pervasive problem of good faith
  - Perennial problems of damages
  - Recent focus by the courts on what constitutes a "fundamental breach" of a contract
- Extensive re-thinking and analysis of the process of interpretation of contracts, including the approaches that characterize the courts' attitude to filling in, often by the implication of terms, the gaps that may exist in an agreement
- A focus on how individual cases illustrate the attitude that a court is likely to take in judging a case. (The book contains an index where the courts' statements on their attitude to interpretation, to damages, and to enforcement are noted.)
- Original paragraph numbering in the second edition has been retained in this text; new paragraphs in this edition appear as subparagraphs of the original paragraphs.
Who Should Read This Book
- Lawyers – Gives practical explanations on how to deal with contractual problems which arise in day-to-day practice.
- Judges – An authoritative treatise on Canadian contract law; provides insight as to how contract law is developing and evolving.
- Law Schools – Provides an in-depth treatment on contract law; serves as an excellent addition to course materials on contract law.
- Law Libraries – A reliable and comprehensive research tool on Canadian contract law.

Chapter 1: Introduction
Chapter 2: Promises that will be Enforced
Chapter 3: Third Party Beneficiary Contracts
Chapter 4: Making an Enforceable Contract
Chapter 5: The Requirement of Writing
Chapter 6: Remedies for Breach of Contract
Chapter 7: Performance, Non-Performance and Excuses
Chapter 8: Interpretation and Risk Allocation
Chapter 9: The Control of Contract Power
Chapter 10: Illegal Contracts

Angela Swan, B.Comm., LL.B., B.C.L.

Angela Swan, B.Comm., LL.B., B.C.L., is Counsel and a member of the Corporate/Commercial Group and the Legal Education Department at Aird & Berlis LLP in Toronto. She is also an Adjunct Professor at Osgoode Hall Law School of York University. She was a Professor of Law at the Faculty of Law, University of Toronto from 1965 to 1988 and at McGill University from 1996 to 2002. She has also been a sessional lecturer at Queen's University and a Visiting Professor at the University of Victoria. She was previously a partner at Aird & Berlis LLP. Her areas of expertise include contract law, corporate law, and the conflict of laws. Martindale-Hubbell has granted her an AV rating signifying the highest level of legal ability as well as an extremely high adherence to the professional standards of conduct, ethics, reliability, and diligence. She is co-author, with Nicholas C. Bala and Barry J. Reiter, of Butterworths^® Contracts - Cases, Notes & Materials, now in its seventh edition. With Jakub Adamski, she is co-author of the Contracts volume for Halsbury's^® Laws of Canada.

Angela Swan, B.Comm., LL.B., B.C.L. & Jakub Adamski, B.A., B.C.L., LL.B., LL.M.

Angela Swan, B.Comm., LL.B., B.C.L., is Counsel and a member of the Corporate/Commercial Group and the Legal Education Department at Aird & Berlis LLP in Toronto. She is also an Adjunct Professor at Osgoode Hall Law School of York University. She was a Professor of Law at the Faculty of Law, University of Toronto from 1965 to 1988 and at McGill University from 1996 to 2002. She has also been a sessional lecturer at Queen's University and a Visiting Professor at the University of Victoria. She was previously a partner at Aird & Berlis LLP. Her areas of expertise include contract law, corporate law, and the conflict of laws. Martindale-Hubbell has granted her an AV rating signifying the highest level of legal ability as well as an extremely high adherence to the professional standards of conduct, ethics, reliability, and diligence. She is co-author, with Nicholas C. Bala and Barry J. Reiter, of Butterworths® Contracts - Cases, Notes & Materials, now in its seventh edition. With Jakub Adamski, she is co- author of Canadian Contract Law, 3rd Ed.

Jakub Adamski, B.A., B.C.L., LL.B., LL.M., is a lawyer who articled with a leading Toronto law firm after completing his legal education at McGill University and Columbia Law School. He practices in litigation and corporate law. He has maintained a strong interest in legal education by lecturing business associations and corporate law history at the Faculty of Law, McGill University and sale of goods and contract law at the Université de Montréal. He is the co-author (with Angela Swan) of Canadian Contract Law, 3rd Ed., author of the Legal Profession title for Halsbury's Laws of Canada, and he has also co-authored several case comments and presentations.

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