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Introduction to Contracts, 3rd Edition

This book provides a big-picture understanding of how contract law functions in Canada's common law jurisdictions, and relates to other areas of law, such as torts and restitution.
Publication Language: English
In Stock
ISBN/ISSN: 9780433487760

Product details

Contract Law Simplified
The third edition of Introduction to Contracts demystifies contract law without resorting to legalese, extensive and often confusing case analysis, and lengthy case citations. Ideal for law students, and non-commercial lawyers, it provides a big-picture understanding of how contract law functions in Canada's common law jurisdictions, and relates to other areas of law, such as torts and restitution.

Unique Summary Charts
Introduction to Contracts is divided into six sections spanning the contract process. Each section contains charts summarizing key concepts making understanding the issues easier, including:

  1. Introduction
    • A general introduction to contract law
  2. Formation
    • Discusses the elements necessary to form a contract
  3. Enforcing Promises
    • The point of a contract is to provide a legal mechanism for enforcing the promises it contains in its terms
    • Who can enforce such promises and what they had to show to enforce them
  4. The Content and Discharge of the Contract
    • Terms of the contract are categorised and analysed; explains when such analysis is necessary
  5. Contesting the Contract
    • Review ways to challenge or "contest" the contract
    • The potential reasons to "contest" and what the results might be are discussed
  6. Remedies
    • If the obligations in the contract remain in place but are not performed by one of the contracting parties, the other can seek a remedy
    • What these remedies are

New in this Edition
There are significant changes to the law on the availability of specific performance, good faith in contracts, the interpretation of contracts, damages and penalty clauses. The most significant change, however, that of the recognition of a duty of honest performance, has led to the creation of a new chapter on Imposed Duties, as a result of the Bhasin v. Hrynew case. The chapters on Misrepresentation and on Mistake have been thoroughly revised. The book also deals with contract interpretation as affected by Sattva Capital Corp. v. Creston Moly Corp.

This book addresses recent Supreme Court of Canada decisions as well as important decisions from provincial appellate courts and developments from English courts.

Featured authors

Table of contents

Part I: Introduction

Part II: Formation
Chapter 1: Offer and Acceptance
Chapter 2: Consensus
Chapter 3: Intention to Creation Legal Relations
Chapter 4: Certainty
Chapter 5: Written Contracts
Chapter 6: Estoppel in Contract Formation

Part III: Enforcing Promises
Chapter 7: Privity
Chapter 8: Consideration and Sealed Promises: Enforcing Promises through Contract
Chapter 9: Variation and Enforcement through Non-Contract Doctrines: Esttopel, Election and Abandonment

Part IV: The Content and Discharge of the Contract
Chapter 10: Categorising Terms
Chapter 11: Duties Imposed by Law
Chapter 12: Stand Form Contracts and Exemption Clauses
Chapter 13: Discharge of the Contract

Part V: Contesting the Contract
Chapter 14: Capacity
Chapter 15: Misrepresentation
Chapter 16: Mistake
Chapter 17: Protection of Weaker Parties
Chapter 18: Illegality
Chapter 19: Frustration
Chapter 20: Limitation of Actions
Chapter 21: The Consequences of Contesting the Contract: Eliminating or Altering the Contract

Part VI: Remedies
Chapter 22: Termination for Breach
Chapter 23: Damages and Other Money Claims
Chapter 24: Equitable Remedies