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Variations on the Theme of Contract

This publication, which consists of a collection of independent essays that address various aspects of the law of contract, provides a close examination of the evolution and current state of key topics related to contract law.
Par The late Professor G.H.L Fridman (Auteur) , Completed posthumously by R.A. Bigwood (Auteur)
Éditeur: LexisNexis Canada
Langue De Publication: English
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275,00 $
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Hardcover | 144 pages

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Publié: 18 janvier 2019
ISBN/ISSN: 9780433500643
Éditeur: LexisNexis Canada

Détails des produits

Professor Gerald Fridman was an internationally recognized expert in the law of contracts. Completed posthumously by Professor Rick Bigwood, Variations on the Theme of Contract is an authoritative, engaging text that offers Professor Fridman’s final thoughts on this complex, sometimes confusing, area of law.

A thorough review
Professor Fridman adopted a unique and creative structure for this publication which consists of a number of independent essays that address various aspects of the law of contract. The collection of essays is divided into a “Prelude” followed by 14 ”Variations,” each of which is introduced by an epigraph from a Stephen Sondheim musical – a nod to the late author’s love of musical theatre.

 As Professor Fridman explains in the book’s opening “Prelude,” his “intention in presenting these essays is not to, as it were, tear the law of contract to pieces. Rather, it is to draw attention to developments that merit a critical appreciation.” To that end, Professor Fridman provides a close examination of the evolution and current state of key topics related to contract law, including the freedom of contract, consideration, privity, estoppel, misrepresentation, mistake, interpretation, contractual terms, performance, frustration and unjust enrichment. Throughout, he encourages readers to delve deeper into the subject matter as he fulfills his purpose – “to inform, educate and stimulate thought about the issues that have been raised, and, perhaps, at the same time, to provide some entertaining reading matter.”

 An authoritative text
Variations on the Theme of Contract would be a useful addition to any lawyer’s bookshelf, but it would be a particularly valuable resource for:

  • Members of the Canadian judiciary who might refer to it when rendering their decisions
  • Canadian legal scholars who are conducting research in the area of contract law
  • Civil litigation lawyers who could leverage the content to gain a better understanding of the intricacies of contract law and develop more robust arguments for their cases
  • Law students who are studying contract law
  • Law libraries that want to provide patrons with a comprehensive collection of legal reference materials 
 

Auteurs à la une

The late Professor G.H.L Fridman
Completed posthumously by R.A. Bigwood

The late Professor G.H.L Fridman

The Late Professor Emeritus Gerald Fridman, Q.C., F.R.S.C., M.A., B.C.L., LL.M., Hon. D.C.L., 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, sale of goods and restitution. His work has been cited in more than 50 decisions of the Supreme Court of Canada and in hundreds of lower-court decisions. Professor Fridman studied law at St. John’s College in Oxford, and he held a B.A., B.C.L. and M.A. from the University of Oxford and a Master of Laws from the University of Adelaide in South Australia. In recognition of his extraordinary legal career, he was conferred an honorary Doctor of Civil Law from Western University. Professor Fridman was admitted as a barrister-at-law in the Middle Temple in London, England and as a barrister and solicitor of the Supreme Court of South Australia, and was called to the bars of Alberta and Ontario. He was a Fellow of the Royal Society of Canada, a tenured professor at Western University Law School, an Ontario Queen’s Counsel and Counsel at the law firm Cohen Highley LLP in London, Ontario. Professor Fridman was awarded the Walter Owen Book Prize for distinguished writing on Canadian law upon the publication of the first edition of The Law of Torts in Canada and the David W. Mundell Medal.

Professor Fridman enjoyed a number of appointments during his distinguished legal career. He held academic positions at the University of Adelaide, University College at the University of London, the University of Sheffield, the University of Alberta (where he was also Dean of the Faculty of Law from 1970 to 1975) and Western University. He was also a visiting distinguished professor in the Faculty of Law at the University of Hong Kong, the University of Sydney, the University of Western Australia and the University of Tasmania. During his legal career, Professor Fridman was a Director of the Institute of Law Research and Reform in Alberta, and a member and researcher for the Contract Law Reform Project of the Ontario Law Reform Commission. In addition, he was Editor-in-Chief of the Ontario Reports in 1992 and 1993.

In addition to his passion for the law, Professor Fridman was a lover of music, theatre and travel, and had visited more than 100 countries.

Voir tous les livres par The late Professor G.H.L Fridman (3)

Completed posthumously by R.A. Bigwood

Rick Bigwood, LL.B. (Hons.), Ph.D., LL.D. is a Professor in the T.C. Beirne School of Law at the University of Queensland, Australia. He has also held academic positions at Bond University (2011–2015) and the University of Auckland (1995–2010). Before that, he was a Senior Solicitor with the Australian Attorney-General’s Department in Canberra. He holds an LL.B. (Hons.) and a Doctor of Laws (LL.D.) from the University of Auckland, and a Ph.D. from the Australian National University. He publishes mainly in the area of contract law, including co-authoring, with Nick Seddon, the tenth and eleventh editions of Cheshire and Fifoot Law of Contract for LexisNexis in Australia. He teaches both contract law and property law at the University of Queensland.

Voir tous les livres par Completed posthumously by R.A. Bigwood (1)

Table des matières

Prelude: The theme
 I. Explaining, without deconstructing, contract
 II. A note ad hominem
 III. The importance and essence of contract
 IV. The meaning and form of agreement
 V. Communication
 VI. Certainty
 VII. Evolution
 
 Variation 1: Freedom of contract
 I. Contractual limitations
 II. The conflict of freedom and consensus
 III. Restriction of physical freedom
 IV. Illegality 
 V. Inequality
 VI. Avoidance of liability
 VII. Requirements rather than restrictions
 
 Variation 2: Considerations about consideration
 I. What, why, when
 II. Perform or pay?
 III. An equitable variation
 IV. Permanence
 
 Variation 3: The demystification of privity
 I. The idea of privity 
 II. And the reality
 III. A significant departure
 IV. A new exception?
 V. Another novel exception?
 VI. The present situation
 VII. What a difference a seal makes
 
 Variation 4: Contracting with the unknown
 I. The evolution of contract
 II. Requirements to be a principal
 III. The emergence of undisclosed principals
 IV. The ratification of unauthorized acts
 V. The status of an undisclosed principal
 VI. The status of the agent of an undisclosed principal
 VII. Dealings between agent and principal or third party
 VIII. The utility and disutility of undisclosed agency
 
 Variation 5: The ambiguous utility of estoppel
 I. What estoppel is and means
 II. Estoppel in agency
 III. Promissory estoppel
 IV. Why ambiguity?
 
 Variation 6: To err is human
 I. A basis for invalidity
 II. The nature and effect of mistake
 III. Fundamental mistakes
 IV. Unilateral mistakes
 V. Bilateral mistakes
 VI. Varieties of error
 VII. An abstruse issue
 
 Variation 7: Misstating the truth
 I. Misrepresentation and mistake distinguished
 II. Fraudulent misrepresentation
 III. Negligent misrepresentation
 IV. Innocent misrepresentation 
 V. Comparisons 
 
 Variation 8: Interpreting contracts
 I. Core issues
 II. Adding words to express terms
 III. Adding terms to a contract
 IV. Postscript: The desire for certainty
 
 Variation 9: The structure of a contract
 I. Tunes and terms
 II. Conditions and warranties
 III. Fundamental terms
 IV. Innominate terms
 V. The rationale of innominate terms
 VI. Understanding a contract
 
 Variation 10: Hors d’oeuvres
 I. An unusual use of a word
 II. Necessary requirements 
 III. Exclusion of such contracts
 IV. How appetizing is the appetizer?
 
 Variation 11: Contract satisfaction
 I. The obligation to perform
 II. Parsing the obligation
 III. Other pertinent factors
 IV. Release from the duty to perform
 
 Variation 12: Contract disrupted
 I. External causes
 II. Grounds for impossibility or frustration
 III. Rationale
 IV. When impossibility or frustration does not apply
 V. Consequences of the doctrine’s application
 VI. The results of the present-day doctrine
 
 Variation 13: The widespread sale of a defective chattel
 I. A buyer’s rights
 II. The problem stated
 III. What is waiver of tort?
 IV. The true juridical nature of waiver of tort
 V. What torts do and do not support waiver
 VI. The impact of this case on the law of contract
 
 Variation 14: From quasi-contract to unjust enrichment
 I. Beginnings
 II. The era of implied contract
 III. The principle of restitution
 IV. The emergence and triumph of unjust enrichment 
 V. The role of unjust enrichment
 

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