Supreme Court Law Review, 2nd Series, Volume 96
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The nine papers included in this special volume examine emerging issues, themes and controversies within the Canadian Law of Obligations, loosely organized around the theme of access to justice. The papers were developed out of the second “Canadian Law of Obligations” conference, held in 2019, and include a variety of perspectives within the framework of tort, contract, unjust enrichment, property and civil procedure, on approaches to improve the law and advance access to justice in Canada.
The collection is divided into three parts:
- Part I: Contract Law – Contributors include: Angela Swan, Christopher Hunt, Jack Enman-Beech, Krish Maharaj
- Part II: Tort Law – Contributors include Joost Blom, Emily Laidlaw and Hilary Young
- Part III: Property, Procedure and Unjust Enrichment – Contributors include: Matthew Harrington, Sarah Hamill and Shannon Salter
Table of contents
Part I: Contract Law
It Matters How You Start to Think About a Contracts Problem – Angela Swan
Unconcionability Three Ways: Unfairness, Consent and Exploitation – Chris D.L. Hunt
Unconciable Inaccess to Justice – John Enman-Beech
Good for Everyone or Not Good at All: Clarity and Commitment in Contractual Good Faith – Krish Maharaj
Part II: Tort Law
Reasonable Expectations as a Basis for Tort Liability – Joost Blom
Creating a Revenge Porn Tort for Canada – Emily Laidlaw & Hilary Young
Part III: Property, Procedure and Unjust Enrichment
Leapfrogging, Risk, and Unjust Enrichment in Canada after Moore v. Sweet – Matthew P. Harrington
Enduring Trespass: What Adverse Possession Reveals about Property – Sarah E. Hamill
Court Fee-waiver Processes in Canada: How Wrong Assumptions, Change Resistance, and Data Vacuums Hurt Vulnerable Parties – Shannon Salter