Canadian Contract Law, 4th Edition
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First edition awarded 2007 Walter Owen Book Prize for excellence in legal writing
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 Angela Swan, Jakub Adamski and Annie Na who are equally at home in academia and the legal practice, Canadian Contract Law, 4th Edition 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.
- 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 contracts 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
- New and revised in depth analysis of the laws of contracts in Canada
- Illustrative footnotes discussing the development of key contract law concepts as well as comparing and contrasting case law
- Discussion and analysis of recent Supreme Court of Canada decisions including Sattva Capital Corp. v. Creston Moly Corp, 2014 SCC 53,  2 S.C.R 633, 373 D.L.R. (4th) 393; Bhasin v. Hrynew, 2014 SCC 71,  3 S.C.R. 494; Duez v. Facebook, Inc., 2017 SCC 33, at para. 137; Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7,  1 S.C.R. 121
- New section about the Requirement for Delivery of a Contract
- Expanded section on the Repudiatory and Fundamental Breaches of Contracts
- New section on the Order of the Performance of Contractual Obligations
- Extensive updates on Interpretation and Risk Allocation includes aa discussion of interpretation, general concerns, a Canadian background and Canadian cases relating to contractual interpretation, the role of the Supreme Court, the standard of review, and the exclusionary rules in interpretation
An Invaluable Resource For
- Contract Lawyers - Gives practical explanations on how to deal with contractual problems which arise in day-to-day practice
- Government Lawyers – A great resource for those dealing with contracts generally – drafting, negotiation and interpretation
- In-house Counsel – Essential resource for those who regularly draft, review and negotiate contracts
- Litigation Lawyers – An excellent reference resource when litigating and negotiating settlements based on breach of contracts
- 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 contracts law
Table of contents
Chapter 1: Introduction1.1 The Purposes of the Law of Contracts
1.2 The Importance of the Law of Contracts
1.3 The Range of Contracts
1.4 The Interests Protected by the Law of Contracts
1.5 The Features of the Modern Law of Contracts
Chapter 2:2.1 Introduction
2.2 The Bargain Theory and Its Limits
2.3 The Protection of Reliance
2.4 Relations That Are Not Protected
2.5 Contracts Under Seal
Chapter 3: Third Party Beneficiary Contracts3.1 Introduction
3.2 Avoiding the Rule
3.3 The Exceptions
3.4 The Recent Cases
3.5 The Future of the Third Party Beneficiary Rule
3.6 The New Brunswick Legislation
3.7 The English Position after the 1999 Legislation
Chapter 4:4.1 Introduction
4.2 The Common Law Rules
4.3 Problems of the Process
4.4 The Limits of the Rules
Chapter 5: The Requirement of Writing5.1 Introduction
5.2 The Provisions of the Statute of Frauds
5.3 Part Performance
5.4 The Requirements of the Statute
5.5 Recent Changes and Other Legislation
Chapter 6:6.1 Introduction
6.2 Damages as Compensation
6.3 Equitable Remedies
6.4 Awards Based on Values Other than Compensation
Chapter 7:7.1 Introduction
7.2 Express Conditions
7.3 Implied Conditions
7.4 The Right of the Party Who Has Not Performed to Sue
7.5 The Right of the Party in Breach to Claim Restitution
Chapter 8:8.1 The Process of Interpretation
8.2 Misrepresentations and Warranties
Chapter 9:9.1 Introduction
9.2 Techniques of Control
9.3 Protecting Expectations in Contractual Relations
9.4 Protection of Other Interests
9.5 Restraints on Freedom of Contract
9.6 Capacity to Contract
Chapter 10:10.1 Introduction
10.2 Common Law Illegality
10.3 Statutory Illegality