The Law of Contracts, second edition, is a thorough revision of this authoritative text in Irwin Law’s Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in variety of topics including:
- The new doctrine in Tercon Contractors Ltd. v. British Columbia (2010) for determining the enforceability and application of exculpatory clauses.
- The possible implications of the new doctrine of the “unconscionable term.”
- The effect of Shafron v. KRG Insurance Brokers (Western) Inc. (2009) on the doctrine of restraint of trade and the concept of notional severance.
- The implications of Fidler v. Sun Life Assurance Co. of Canada (2006) and Honda Canada Inc. v. Keays (2008) on the availability of damages for non-pecuniary injury.
- The ability to limit the effect of ContractA/Contract B analysis in tendering illustrated by Double N. Earthmovers Ltd. v. Edmonton (City) (2007).
- The ability to seek equitable compensation when equitable rescission is barred, recognized in Rick v. Brandsema (2009).
The book also incorporates reference to leading Canadian cases on the doctrines of consideration, duress and good faith and discussion of recent English authorities dealing with such matters as contract interpretation and the rule in Hadley v. Baxendale.
McCamus on Contracts is an indispensible resource for anyone interested in modern Canadian contract law.
Chapter 1: Introduction
PART ONE: FORMATION
Chapter 2: Offer and Acceptance
Chapter 3: Certainty of Terms
Chapter 4: Intention to Create Legal Relations
Chapter 5: Bargaining in Good Faith
Chapter 6: Agreements in Writing
PART TWO: ENFORCEABILITY
Chapter 7: Consideration and Form
Chapter 8: Waiver and Promissory Estoppel
Chapter 9: Privity of Contract
PART THREE: VITIATING FACTORS
Chapter 10: Misrepresentation
Chapter 11: Duress, Undue Influence, and Unconscionability
Chapter 12: Illegality
Chapter 13: Mistake
Chapter 14: Frustration
PART FOUR: PERFORMANCE AND BREACH
Chapter 15: Conditions, Warranties, and Repudiatory Breach
Chapter 16: Anticipatory Repudiation
Chapter 17: Conditional Agreements
Chapter 18: Representation and Warranty
PART FIVE: INTERPRETATION OF AGREEMENTS
Chapter 19: General Principles of Interpretation
Chapter 20: Exculpatory Clauses
Chapter 21: The Implied Duty to Perform in Good Faith
PART SIX: REMEDIES
Chapter 22: Damages
Chapter 23: Specific Performance and Injunctions
Chapter 24: Restitution and Disgorgement
Table of Cases
“Professor McCamus’s The Law of Contracts is manifestly a labour of love. In its tone, style and overall approach it demonstrates the classic hallmarks of an experienced, caring and understanding teacher combined with the insights of a passionate and engaged legal scholar. It is essential reading for anyone with an interest in modern Canadian contract law and will undoubtedly see many future editions.”
Richard Devlin (2006) 43 Can.Bus.L.J. 319-24 at 324