Introduction to Contracts, 4th Edition
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“The law of contracts,” explains author Bruce MacDougall in Part I of this new publication, “facilitates planning for a predictable future – predictable in the sense of what the two parties need to do to create a contract; what the two parties will be obligated to do once they have created their contract; and what the ramifications will be if they do not fulfil their obligations.”
These specific elements of “planning for a predictable future” form the basis of the latest edition of Introduction to Contracts. Written in plain English and updated to reflect the current state of the law, Introduction to Contracts, 4th Edition demystifies contract law without resorting to legalese, extensive and often confusing case analysis, and lengthy case citations. Ideal for law students as well as non-commercial lawyers, this book offers a big-picture overview of how contract law functions in Canada’s common law jurisdictions and how it relates to other areas of law, such as torts and restitution.
Accessible, comprehensive and up-to-date
Divided into six sections, this resource starts with a general overview of contract law and then covers the lifecycle of a contract:
- The elements necessary for the formation of a contract
- The legal mechanism for the enforcement of the promises contained in the contract, including who can enforce them and how
- The content and discharge of the contract, including the categorization and analysis of the terms
- Reasons and ways to challenge or contest the contract, including a discussion of the possible results of doing so
- Remedies available when the obligations in the contract remain in place but are not performed by one of the parties
This latest edition of Introduction to Contracts has been revised and updated to include:
- Consideration of a number of appellate court decisions, including several from the Supreme Court of Canada: Douez v. Facebook, Inc. (consumer protection), Canada (Attorney General) v. Fairmont Hotels Inc. (rectification) and Cowper-Smith v. Morgan (estoppel)
- A new section on appeals related to contract interpretation, including recent Supreme Court of Canada cases: Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. and Teal Cedar Products Ltd. v. British Columbia
- An expanded analysis of the need for consideration in modification of contracts in light of the B.C. Court of Appeal decision in Rosas v. Toca, the Ontario Court of Appeal decision in Richcraft Homes Ltd. v. Urbandale Corporation and the U.K. Supreme Court decision in Rock Advertising Ltd. v. MWB Business Exchange Centres Ltd.
- A complete reworking of the chapter on Mistake
Introduction to Contracts, 4th Edition would be an extremely useful resource for anyone looking for a thorough yet easy-to-understand treatment of contract law in the common law jurisdictions of Canada, including contract and litigation lawyers, law students and paralegals.
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 and delay
Chapter 21: The Consequences of Successfully 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