Contracts: Cases, Notes and Materials, 10th Edition
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This longstanding casebook is a leading go-to learning and teaching tool to understand how contract law is used and understood. It achieves this by focusing on the role of solicitors and how they use the law, rather than on court decisions. Contracts: Cases, Notes and Materials, 10th Edition features extensive updates and analysis of recent case law, this book offers a fresh look at the law governing contractual relations that is applicable in Canada's common law jurisdictions.
Developed primarily for contract law professors and their students, Contracts: Cases, Notes and Materials, 10th Edition provides a comprehensive overview of this area of the law and includes edited versions of important cases, selected excerpts from critical literature and expert commentary. In particular, the authors examine specific contractual issues in the context of particular transactions and delve into their commercial background, doctrinal significance and implications for the practice of law. In addition, the book discusses the development of the law and explores how it is applied by solicitors in the negotiation, drafting and administration of contractual relations.
What's New in this Edition
- New case law:
- Illustrating the Supreme Court’s caution in awarding punitive damages
- Exploring the question of damages where the promisor’s gain has resulted from breach of a contractual and fiduciary duty
- Addressing new limitations on the scope of the doctrine of consideration
- About what constitutes an adequate waiver of one’s own negligence
- On the enforceability of signed contracts and conflict of laws
- Requiring an offeror to draw attention to onerous clauses in order for it be enforceable
- Commentary and analysis on:
- COVID-19 and the possible effects or disruptions to contracts and contractual relations
- Changing the law and judicial personality
- Distributive justice
- The procurement process that can lead to parties entering into an agreement
- The purpose of expressed and implied conditions
- A “time is of the essence” clause
- The courts’ principal approaches to interpretation of contracts
- The decision in Sattva Capital and the Supreme Court of Canada’s expansion of the “factual matrix” when dealing with the interpretation of contracts
- Representations and warranties
A Must Have Resource
Contracts: Cases, Notes and Materials, 10th Edition is essential reading for law students and professors as well as anyone else in the academic sphere. The book is an attempt to develop consistent and useful understanding of how the law of contracts should be conceived and used. Written by a combination of practitioners and professors, this book offers a balanced blend of well-rounded content: real world applied analyses within an academic structure. This volume is also a good foundational text for lawyers and in-house counsel interested in learning more about the basics of contract law principles.
Table of contents
Chapter 1: Contracts, Their Context And Learning The Law
Chapter 2: Remedies for Breach of Contract
Chapter 3: The Kinds of Promises the Law Will Enforce
Chapter 4: The Formation of Contracts
Chapter 5: Excuses for Non-Performance
Chapter 6: Contractual Undertakings: Their Determination, Range and Remedies for Breach
Chapter 7: The Control of Contract Power
Chapter 8: Illegality
Chapter 9: Contracts: Postscript and Prelude