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Gerald Fridman and the Law of Obligations: Past, Present and Future

The 16 papers included in this collection were presented at a symposium hosted by Western Law in 2018. They mark the passing of Professor Gerald Fridman and celebrate his many contributions to the study of private law.
Publication Language: English
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$115.00
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Hardcover | 472 pages

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ISBN/ISSN: 9780433503057

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The late Professor Gerald Fridman was one of Canada’s most respected and influential legal scholars, and a prolific author of more than a dozen legal texts and more than 100 articles, major papers, case notes, and book reviews. He was renowned in the fields of contracts, agency, torts, the sale of goods, and restitution, and his work has been cited in more than 50 decisions of the Supreme Court of Canada and in hundreds of lower-court decisions.

The 16 papers included in this collection were presented at a symposium hosted by Western Law in 2018. Marking the passing of Professor Gerald Fridman and celebrating his many contributions to the study of private law, the articles touch on virtually every aspect of Professor Fridman’s academic work.

The collection is divided into four parts:

  • Part I: The Law of Contract
  • Part II: The Law of Torts
  • Part III: The Law of Unjust Enrichment, Restitution, and Trusts
  • Part IV: Commercial Law: Sale of Goods and Agency

The collection also includes a foreword by Supreme Court of Canada Justice Russell Brown.

Gerald Fridman and the Law of Obligations: Past, Present and Future is a collection of papers developed out of Supreme Court Law Review, Second Series.

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Table of contents

Foreword – The Honourable Supreme Court of Canada Justice Brown Russell

Introduction – J.W. Neyers, Andrew Botterell, and Zoë Sinel


Part I: Contract
Controlling Contracts for Injustice and Unfairness – Stephen Waddams

Gerald Fridman: Making the Law of Contracts Work – Angela Swan

Disclaimers and Exclusion Clauses as Risk-Allocation Devices in Canadian Tort and Contract Law – Joost Blom


Part II: Torts
Gerald Fridman: A Classical Legal Scholar – Lewis Klar

At the Crossroads of Orthodoxy and Change: Fridman’s Contributions to an Emerging Canadian Scholarship of Torts, 1970-79 – Erika Chamberlain

Before Kamloops: The Canadian Law of Public Authority Liability That Might Have Been – Jonathan de Vries

Please Anns – No More Proximity Soup – Bruce Feldthusen

Perplexing Platforms for Tort – David Mangan

Waiting for Donoghue: Malice in the Law of Torts, Six Decades On – Greg Bowley

Consortium as a ‘Right’ in the Law of Torts – Zoë Sinel

Harm in the Private Law – Allan Beever


Part III: Unjust Enrichment, Restitution and Trusts
Restitution for Infants’ Services – Mitchell McInnes

‘Unjust Enrichment (Dis) Contented’ Redux: Fridman on Unjust Enrichment – John D. McCamus

Trusts and the Statute of Frauds – Robert Chambers


Part IV: Commercial Law: Sale of Goods and Agency
Eliminating Redundancy in Legislation Governing the Sale of Goods: A Threequel – Clayton Bangsund

Two Kinds of Agency – Rachel Leow