Lexis Nexis The Power & Limits of Private Law
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Product description
The book is third in The Canadian Law of Obligations series along with The Canadian Law of Obligations: Access to Justice (2020) and The Canadian Law of Obligations: Private Law for the 21st Century and Beyond (2018).
This collection of legal essays draws upon the third Canadian Law of Obligations conference held in June 2022 in Vancouver, British Columbia. The Power & Limits of Private Law features scholarship of distinguished and emerging scholars from Canada and around the world. The contributions explore and critique the power and limits of the laws of torts/delict, contract and restitution through a range of theoretical, technical, policy-oriented and pragmatic perspectives. They grapple with contemporary issues and developments in Canadian law and society, advancing insights to shape both the theory and the practice of private law.
The Collection of Papers
- Angela Swan – A Solicitor Looks at the Law of Contracts
- Nathalie Vézina – Of Power and Limits: Bargaining Power and the Limits of Private Law Regarding Non-Liability Clauses
- Mitchell McInnes – COVID-19 and the Limits of Contractual Frustration
- Luigi Buonanno – Models of Joint and Several Liability: Eadem causa obligandi and Responsibility for Another’s Debt in Common Law and Civil Law Traditions
- Sofia Santinello – Fiduciary Obligations in the Expanding World of Data Trusts
- Alan Hanna & Emmaline English – Can a Moose Be a Party to a Contract? Nuanced Spaces for Indigenous Perspectives in Canadian Contract Law
- Lachlan Deyong – Structural Barriers to Deterring Medical Harm in Canadian Medical Malpractice
- Stephen Waddams – Legal Change and the Temptation of Elegance
- John D. McCamus – Keeping Taxonomy in its Place: Recent Canadian Experience with Unjust Enrichment
- Desmond Ryan – The Power and Limits of Close Connection: Assessing the Legacy of Bazley v. Curry Through Three International Case Studies
- Aaron Yoong, Louis Lau Yi Hang & Chang Wen Yee – Vicarious Liability: Policy, Rationales and its Limits
- Bogna Kaczorowska – The Regulatory Relevance and Legitimacy of Contract Law in Juxtaposition to Private Ordering
- Samuel Beswick & Maddison Zapach – The Open Casebook Revolution
- Stéphane Sérafin & Kerry Sun – Corrective Justice and In Personam Rights: Reconsidering the Tort of Inducing Breach of Contract
- Margaret Isabel Hall – Beyond the King’s Peace: Direct Interferences With the Person as Tortious Interferences with Autonomy
- Lionel Smith – Confusion, Illusion or Delusion: The Irreducible Core of the Common Law Trust
Who Should Read This Book
- Civil Litigators – assists in developing new perspectives on private law issues, developing innovative civil litigation strategies and formulating corresponding arguments
- Corporate/Commercial Lawyers – provides new perspectives on contract law issues
- Judges – provides new perspectives on the application of private law to modern legal issues, which judges are front and center in endorsing
- Academia – assists research in the areas discussed, provides a source of course readings and basis for class discussion
- Law Libraries – a useful reference for anyone researching in the area of torts and contracts
The Power & Limits of Private Law is a collection of papers developed out of the Supreme Court Law Review, Second Series.
Table of contents
Introduction—Marcus Moore and Samuel Beswick
PART I
Chapter 1: A Solicitor Looks at the Law of Contracts—Angela Swan
Chapter 2: Of Power and Limits: Bargaining Power and the Limits of Private Law Regarding Non-Liability Clauses—Nathalie Vézina
Chapter 3: COVID-19 and the Limits of Contractual Frustration—Mitchell McInnes
Chapter 4: Models of Joint and Several Liability: Eadem causa obligandi and Responsibility for Another’s Debt in Common Law and Civil Law Traditions—Luigi Buonanno
Chapter 5: Fiduciary Obligations in the Expanding World of Data Trusts—Sofia Santinello
Chapter 6: Can a Moose Be a Party to a Contract? Nuanced Spaces for Indigenous Perspectives in Canadian Contract Law—Alan Hanna and Emmaline English
Chapter 7: Structural Barriers to Deterring Medical Harm in Canadian Medical Malpractice—Lachlan Deyong
Chapter 8: Legal Change and the Temptation of Elegance—Stephen Waddams
PART II
Chapter 9: Keeping Taxonomy in its Place: Recent Canadian Experience with Unjust Enrichment—John D. McCamus
Chapter 10: The Power and Limits of Close Connection: Assessing the Legacy of Bazley v. Curry Through Three International Case Studies—Desmond Ryan
Chapter 11: Vicarious Liability: Policy, Rationales and its Limits—Aaron Yoong, Louis Lau Yi Hang and Chang Wen Yee
Chapter 12: The Regulatory Relevance and Legitimacy of Contract Law in Juxtaposition to Private Ordering—Bogna Kaczorowska
Chapter 13: The Open Casebook Revolution—Samuel Beswick and Maddison Zapach
Chapter 14: Corrective Justice and In Personam Rights: Reconsidering the Tort of Inducing Breach of Contract—Stéphane Sérafin and Kerry Sun
Chapter 15: Beyond the King’s Peace: Direct Interferences With the Person as Tortious Interferences with Autonomy—Margaret Isabel Hall
Chapter 16: Confusion, Illusion or Delusion: The Irreducible Core of the Common Law Trust—Lionel Smith
Table of Cases
