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Canadian Contractual Interpretation Law, 2nd Edition

Now in its second edition, this authoritative text sets out the principles by which contracts are interpreted in Canadian courts.



Publisher: LexisNexis Canada
Country: Canada
Format: Hardcover Book
Publication Language: English
ISBN: 9780433465126
Publication Date: 2012-02-01
 
Price: $175.00
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    Now in its second edition, this authoritative text sets out the principles by which contracts are interpreted in Canadian courts. While there are books that deal with contract law, there is no other text that is focused strictly on contractual interpretation under Canadian common law.

    Since its first publication in 2007, this book has been cited by courts across Canada and, on several occasions, by the Supreme Court of Canada. The book is authored by a senior commercial litigator in one of Canadas leading national law firms, who is also a University of Toronto adjunct law professor teaching contractual interpretation law.

    New in This Edition

    • Updates to the law since the first edition:
      • The new test for the interpretation and application of exclusion clauses set out by the Supreme Court of Canada in Tercon Contractors Ltd. v. British Columbia (Transportation and Highways)
      • Developments in the standard of appellate review of issues of contractual interpretation
      • Clarification of the law of rectification
    • Covers the interpretation of pension plans
    • Covers rights of first refusal
    • Contains a discussion of Qubec civil law principles of contractual interpretation

    Benefits for the Reader

    • Draft contracts that will be interpreted in a way that reflects your clients intentions and objectives
    • Understand how certain contractual provisions will be interpreted by the courts, and help your clients avoid costly litigation
    • The book provides a thorough overview of the law of contractual interpretation that readers wont find anywhere else

    Who Should Buy This Book?

    Commercial litigators – determine how to persuade courts to accept your clients interpretations of disputed contractual provisions Commercial lawyers – learn how the courts will interpret and apply the contracts you draft, to ensure that your clients wishes will prevail if there is a dispute Judges – refer to established contractual interpretation principles when adjudicating a contractual dispute Law schools and law libraries – a valuable addition to academic reference sources on contract law and contract legal doctrines

    Dedication
    Acknowledgements to the First Edition
    Acknowledgements to the Second Edition
    About the Author
    Table of Contents
    Chapter 1 – Introduction
    Chapter 2 – Fundamental Precepts of Contractual Interpretation
    Chapter 3 – Elements of Contractual Interpretation
    Chapter 4 – Implied Terms
    Chapter 5 – Agreements to Agree
    Chapter 6 – Doctrines Outside the Law of Contractual Interpretation Which Can Affect Contractual Meaning
    Chapter 7 – The Interpretation of Specific Types of Contracts
    Chapter 8 – The Interpretation of Specific Types of Clauses
    Chapter 9 – What is the Duty of Good Faith
    Index

     

    Geoff R. Hall


    Geoff R. Hall is a partner in the litigation group at McCarthy Tétrault LLP, in Toronto. He is also an Adjunct Professor at the University of Toronto Faculty of Law, where he teaches a course entitled Advanced Contracts: The Law of Contractual Interpretation.

    He has previously been a Sessional Lecturer at Queen’s University Faculty of Law (trial advocacy) and an Adjunct Professor at Osgoode Hall Law School (advanced contracts). Mr. Hall’s litigation practice focuses on corporate and commercial litigation, and he also has extensive experience in administrative law and bankruptcy/restructuring litigation. He has appeared as counsel at all levels of court in several provinces, and in both domestic and international arbitrations.

     

Products to Consider

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.

Halsbury's Laws of Canada - Contracts (2013 Reissue)
Halsbury's Contracts (2013 Reissue) delivers clear understanding with a straightforward narrative of the law - explaining key elements, outlining basic principles and shedding light on a wide variety of important principles. This valuable resource is especially helpful for those who are seeking a solid and thoughtful grounding in contract law that addresses the black letter law while illuminating the subtle nuances that arise out of it.

 
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