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The Canadian Law of Obligations: Access to Justice

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.
Publication Language: English
Book
$125.00
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Softcover | 288 pages

In Stock
Published:
ISBN/ISSN: 9780433505754

Product details

The book is second in The Canadian Law of Obligations series along with The Canadian Law of Obligations: Private Law for the 21st Century and Beyond (2018).

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
  • Part II: Tort Law
  • Part III: Property, Procedure and Unjust Enrichment

The Collection of Papers

  1. Angela Swan – It Matters How You Start to Think About a Contracts Problem
  2. Chris D.L. Hunt – Unconcionability Three Ways: Unfairness, Consent and Exploitation
  3. John Enman-Beech – Unconciable Inaccess to Justice
  4. Krish Maharaj – Good for Everyone or Not Good at All: Clarity and Commitment in Contractual Good Faith
  5. Joost Blom – Reasonable Expectations as a Basis for Tort Liability
  6. Emily Laidlaw & Hilary Young – Creating a Revenge Porn Tort for Canada
  7. Matthew P. Harrington – Leapfrogging, Risk, and Unjust Enrichment in Canada after Moore v. Sweet
  8. Sarah E. Hamill – Enduring Trespass: What Adverse Possession Reveals about Property
  9. Shannon Salter – Court Fee-waiver Processes in Canada: How Wrong Assumptions, Change Resistance, and Data Vacuums Hurt Vulnerable Parties

Who Should Read This Book

  • Civil Litigators – assists in developing new perspectives on private law issues, developing innovative civil litigation strategies and formulating corresponding arguments
  • Corporate/Commercial Lawyers – provides new perspectives on contract law issues
  • Judges – provides new perspectives on the application of private law to modern legal issues, which judges are front and centre in endorsing
  • Academia – assists research in the areas discussed, provides a source of course readings and basis for class discussion
  • Law Libraries – a useful reference for anyone researching in the area of torts and contracts

The Canadian Law of Obligations: Access to Justice is a collection of papers developed out of the Supreme Court Law Review, Second Series.

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