Product Description
The Law of Contracts, third 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 a variety of topics, including:
- the impact of the ground-breaking decision in Bhasin v Hrynew on articulating the general organizing principle requiring good-faith performance
- the effect of the decision of the Supreme Court of Canada in Canada (Attorney General) v Fairmont Hotels Inc on the law of rectification for mistake
- the continuing development of the Canadian jurisprudence applying the Tercon rule to the enforceability of exculpatory clauses
- the impact of Uber Technologies Inc v Heller and Douez v Facebook, Inc on the doctrine of unconscionability
- the potential influence of Southcott Estates Inc v Toronto District Catholic School Board on the law of mitigation and of specific performance
The book also incorporates reference to recent Canadian cases on doctrines such as estoppel, privity, interpretation, and appellate review, and discussion of recent leading authorities dealing with such matters as contractual interpretation and the application of the basic principles of formation to e-commerce.
The Law of 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
Index
“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.”
