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

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.

The Collection of Papers

1. Stephen Waddams – Controlling Contracts for Injustice and Unfairness
2. Angela Swan – Gerald Fridman: Making the Law of Contracts Work
3. Joost Blom – Disclaimers and Exclusion Clauses as Risk-Allocation Devices in Canadian Tort and Contract Law
4. Lewis Klar – Gerald Fridman: A Classical Legal Scholar
5. Erika Chamberlain – At the Crossroads of Orthodoxy and Change: Fridman’s Contributions to an Emerging Canadian Scholarship of Torts, 1970-79
6. Jonathan de Vries – Before Kamloops: The Canadian Law of Public Authority Liability That Might Have Been
7. Bruce Feldthusen – Please Anns – No More Proximity Soup
8. David Mangan – Perplexing Platforms for Tort
9. Greg Bowley – Waiting for Donoghue: Malice in the Law of Torts, Six Decades On
10. Zoë Sinel – Consortium as a ‘Right’ in the Law of Torts
11. Allan Beever – Harm in the Private Law
12. Mitchell McInnes – Restitution for Infants’ Services
13. John D. McCamus – ‘Unjust Enrichment (Dis) Contented’ Redux: Fridman on Unjust Enrichment
14. Robert Chambers – Trusts and the Statute of Frauds
15. Clayton Bangsund – Eliminating Redundancy in Legislation Governing the Sale of Goods: A Threequel
16. Rachel Leow – Two Kinds of Agency

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.