How to Approach a Contract Problem with Exclusion Clauses
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Law Contract Examining Bodies
9 th 9 CASE TH editio EDITIO n 9TH Paul Richard’s Law of Contract, now in its ninth edition, presents a trusted EDITIOn account of the main principles of contract law, using clear explanations and N A R law law O contemporary applications. In an area of law that is growing in complexity n V I G A T and importance, a firm grasp of the fundamental principles is essential. POWERED BY This book provides this necessary foundation whilst also considering recent paul richards proposals for reform so that the reader can gain an understanding of the overall development of the law. law of contract This new edition has been thoroughly revised and fully updated to include: • O’Brien v MGN Ltd and Sterling Hydraulics Ltd v Dichtomatik Ltd, on the requirement of ‘reasonable notice’ in exemption clauses of • Careful consideration of exemption clauses and the principles governing non-intervention of the courts under the Unfair Contract Terms Act 1977and the case of Regus (UK) Ltd v Epcot Solutions Ltd contract • Further analysis of restitutionary damages and differences between the Wrotham Park and Blake decisions by the Court of Appeal in WWF World Wide Fund for Nature v World Wrestling Federation Entertainment • Analysis of the House of Lords’ decision on breach of contract in Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) • Commentary on the House of Lords’ decision in Transfield Shipping Inc v Mercator Shipping Inc (‘The Achilleas’) and the rule in Hadley v Baxendale www.mylawchamber.co.uk/richards • Over forty new cases which represent important developments in the law This text is supported by a mylawchamber website which includes: of contract • Updates to chapters on Agreement, Consideration, Mistake, For students: regular case and legislation updates, web links, interactive self-test Misrepresentation, and Privity of Contract questions, practice assessment questions, an online glossary and flashcards for key terms. -
THE MODERN LAW of CONTRACT, Eighth Edition
The Modern Law of Contract Eighth Edition Written by a leading author and lecturer with over thirty years’ experience teaching and examining contract law, The Modern Law of Contract continues to equip students with a clear and logical introduction to contract law. Exploring all of the recent developments and case decisions in the field of contract law, it combines a meticulous examination of authorities and commentar- ies with a modern contextual approach. An ideal accessible introduction to con- tract law for students coming to legal study for the first time, this leading textbook offers straightforward explanations of all of the topics found on an undergraduate or GDL contract law module. At the same time, coverage of a variety of theoretical approaches: economic, sociological and empirical encourages reflective thought and critical analysis. New features include: boxed chapter summaries, which help to consolidate learning and understanding; additional ‘For thought’ think points throughout the text where students are asked to consider ‘what if’ scenarios; new diagrams to illustrate principles and facilitate the understanding of concepts and interrelationships; new Key Case close-ups designed to help students identify key cases within contract law and improve their understanding of the facts and context of each case; a Companion Website with half-yearly updates; chapter-by-chapter Multiple Choice Questions; a Flashcard glossary; contract law skills advice; PowerPoint slides of the diagrams within the book; and sample essay questions; new, attractive two-colour text design to improve presentation and help consolidate learning. Clearly written and easy to use, this book enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this pivotal area. -
Complete V.9 No.1
Journal of Civil Law Studies Volume 9 Number 1 Conference Papers The Louisiana Civil Code Translation Project: Enhancing Visibility and Promoting the Civil Law in English Article 16 Baton Rouge, April 10 and 11, 2014 Part 1. Translation Theory and Louisiana Perspectives 10-27-2016 Complete V.9 No.1 Follow this and additional works at: https://digitalcommons.law.lsu.edu/jcls Part of the Civil Law Commons Repository Citation Complete V.9 No.1, 9 J. Civ. L. Stud. (2016) Available at: https://digitalcommons.law.lsu.edu/jcls/vol9/iss1/16 This Complete Issue is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Journal of Civil Law Studies by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Volume 9 Number 1 2016 ___________________________________________________________________________ ARTICLES . The Constitution as Code (with a Postcript by Nicholas Kasirer) ................................ Paul R. Baier . The Duty of Good Faith Taken to a New Level: An Analysis of Disloyal Behavior ..................................................................... Thiago Luis Sombra . International Trade v. Intellectual Property Lawyers: Globalization and the Brazilian Legal Profession ............................................... Vitor Martins Dias CONFERENCE PAPERS The Louisiana Civil Code Translation Project: Enhancing Visibility and Promoting the Civil Law in English Le projet de traduction du Code civil louisianais : Améliorer la visibilité et la promotion du droit civil en anglais Louisiana State University, Paul M. Hébert Law Center, April 10–11, 2014 . Papers by Vivian Grosswald Curran, Jean-Claude Gémar, François-Xavier Licari, Sylvie Monjean-Decaudin, Olivier Moréteau, Alexandru-Daniel On, Agustín Parise, and Anne Wagner CIVIL LAW IN THE WORLD . -
Business Law, Fifth Edition
BUSINESS LAW Fifth Edition This book is supported by a Companion Website, created to keep Business Law up to date and to provide enhanced resources for both students and lecturers. Key features include: ◆ termly updates ◆ links to useful websites ◆ links to ‘ebooks’ for introductory and further reading ◆ ‘ask the author’ – your questions answered www.cavendishpublishing.com/businesslaw BUSINESS LAW Fifth Edition David Kelly, PhD Principal Lecturer in Law Staffordshire University Ann Holmes, M Phil, PGD Dean of the Law School Staffordshire University Ruth Hayward, LLB, LLM Senior Lecturer in Law Staffordshire University Fifth edition first published in Great Britain 2005 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: + 44 (0)20 7278 8000 Facsimile: + 44 (0)20 7278 8080 Email: [email protected] Website: www.cavendishpublishing.com Published in the United States by Cavendish Publishing c/o International Specialized Book Services, 5804 NE Hassalo Street, Portland, Oregon 97213-3644, USA Published in Australia by Cavendish Publishing (Australia) Pty Ltd 3/303 Barrenjoey Road, Newport, NSW 2106, Australia Email: [email protected] Website: www.cavendishpublishing.com.au © Kelly, D, Holmes, A and Hayward, R 2005 First edition 1995 Second edition 1997 Third edition 2000 Fourth edition 2002 Fifth edition 2005 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without the prior permission in writing of Cavendish Publishing Limited, or as expressly permitted by law, or under the terms agreed with the appropriate reprographics rights organisation. -
Court of Appeal for Ontario Book of Authorities of C & K
Court of Appeal File No. C68751 Court File No. CV-20-00643021-00CL COURT OF APPEAL FOR ONTARIO APPLICATION UNDER SECTION 243(1) OF THE BANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985, C. B-3, AS AMENDED, SECTION 101 OF THE COURTS OF JUSTICE ACT, R.S.O. 1990 C. C.43, AS AMENDED AND SECTION 68 OF THE CONSTRUCTION ACT, R.S.O. 1990, C. 30 B E T W E E N: C & K MORTGAGE SERVICES INC. Applicant (Respondent in Appeal) - and - CAMILLA COURT HOMES INC. and ELITE HOMES INC. Respondents BOOK OF AUTHORITIES OF C & K MORTGAGE SERVICES INC. November 27, 2020 DICKINSON WRIGHT LLP Barristers & Solicitors 199 Bay Street Suite 2200, P.O. Box 447 Commerce Court Postal Station Toronto, Ontario, M5L 1G4 DAVID P. PREGER (36870L) Email: [email protected] Tel: 416-646-4606 DAVID Z. SEIFER (77474F) Email: [email protected] Tel: 416-646-6867 Fax: 844-670-6009 Lawyers for the Respondent, C & K Mortgage Services Inc. 2 TO: STEVENSON WHELTON LLP Barristers 15 Toronto Street Suite 200 Toronto, Ontario, M5C 2E3 RICHARD MACKLIN Email: [email protected] Tel: 647-847-3822 YOLANDA SONG Email: [email protected] Tel: 647-245-2584 Fax: 416-599-7910 Lawyers for the Appellant, Yong Yeow (Jereemy) Tan AND TO: BLANEY MCMURTRY LLP Barristers & Solicitors 2 Queen Street East, Suite 1500 Toronto ON M5C 3G5 ERIC GOLDEN (416) 593-3927 (Tel) Email: [email protected] CHAD KOPACH (416) 593-2985 (Tel) Email: [email protected] (416) 593-5437 (Fax) Lawyers for the Receiver/Respondent, Rosen Goldberg Inc. -
Punitive Damages and Bhasin V Hrynew 2017 Canliidocs 336 Eric Andrews University of Western Ontario, Faculty of Law, [email protected]
Western Journal of Legal Studies Volume 7 Article 1 Issue 2 Applying Legal Principles 2017 Lex Punit Mendacium: punitive damages and Bhasin v Hrynew 2017 CanLIIDocs 336 Eric Andrews University of Western Ontario, Faculty of Law, [email protected] Follow this and additional works at: http://ir.lib.uwo.ca/uwojls Part of the Common Law Commons, Contracts Commons, Courts Commons, Jurisprudence Commons, and the Litigation Commons Recommended Citation Eric Andrews , "Lex Punit Mendacium: punitive damages and Bhasin v Hrynew", (2017) 7:2 online: UWO J Leg Stud 1 <http://ir.lib.uwo.ca/uwojls/vol7/iss2/1>. This Article is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Western Journal of Legal Studies by an authorized editor of Scholarship@Western. For more information, please contact [email protected]. Lex Punit Mendacium: punitive damages and Bhasin v Hrynew Abstract Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively uncontroversial private law remedy. However, the circumstances under which a court will consider awarding punitive damages have evolved with recent Supreme Court decisions. One example is the introduction of the independent actionable wrong requirement in Vorvis v Insurance Corporation of British Columbia. The independent actionable wrong requirement has been criticized as an incoherent and ineffective check on the availability of punitive damages. -
The Duty to Perform Commercial Contracts in Good Faith
Tribunale Bologna 24.07.2007, n.7770 - ISSN 2239-7752 Direttore responsabile: Antonio Zama The duty to perform commercial contracts in good faith: a critical analysis of the recent developments and the impact on loan agreements Is the Traditional “Hostility” of English Law towards Good Faith “Misplaced”? 12 Settembre 2019 Luca Morrone Indice: 1. Is the Traditional “hostility” of english law towards good faith “misplaced”? 1.1 The traditional features of English contract law 1.2 The intentions of the parties in the rules of construction and interpretation 1.3 What should the correct approach to good faith be? Abstract Il presente scritto “Is the Traditional “Hostility” of English Law towards Good Faith “Misplaced”?” costituisce la prima di tre parti dell’elaborato “The Duty to Perform Commercial Contracts in Good Faith: a Critical Analysis of the Recent Developments and the Impact on Loan Agreements”, il quale analizza il dovere di agire secondo buona fede nei rapporti commerciali (il cosiddetto “duty of good faith”) e, in particolare, nei contratti di finanziamento disciplinati dal diritto inglese. Questa prima parte introduce il controverso tema della dottrina della buona fede nel diritto contrattuale inglese ripercorrendo e contestualizzando storicamente le sue origini, nonché analizzando il complesso rapporto fra la stessa e le fonti della contrattualistica. Al fine di valutare il ruolo che ha assunto e che l’autore ritiene debba assumere in futuro la buona fede contrattuale, vengono inoltre individuate le due principali dottrine giurisprudenziali dalle quali si considera che la natura giuridica della buona fede tragga la sua origine: le clausole implicite (le cosiddette “implied terms”) e i principi di interpretazione contrattuale (vale a dire i principi della cosiddetta “contractual interpretation”). -
So Obvious It Goes Without Saying? an Argument for the Singaporean Approach to the Implication of Terms in Fact
So Obvious It Goes Without Saying? An Argument for the Singaporean Approach to the Implication of Terms in Fact Mitchell Allan Heslip A dissertation submitted in partial fulfillment of the degree of Bachelor of Laws (with Honours) University of Otago October 2017 1 Acknowledgements I would like to thank: Dr Simon Connell, my supervisor, for introducing me to this fascinating area of law. His guidance and insight on this topic were invaluable to me and greatly appreciated; And my friends, family and flat mates this year, for putting up with me through this. 2 Table of Contents I Introduction .................................................................................................................................. 4 II The Classical Approach .............................................................................................................. 6 A Interpretation ........................................................................................................................... 6 B Implication ............................................................................................................................... 8 1 The classical approach to implication summarised by the threefold framework ............... 11 III The Contemporary Position: Changing Tides and the Great Divergence................................ 13 A Interpretation: 1990’s – Present: Changing Tides ................................................................. 13 1 ICS and the modern approach to contract interpretation ................................................... -
Punitive Damages and Bhasin V Hrynew Eric Andrews University of Western Ontario, Faculty of Law, [email protected]
Western Journal of Legal Studies Volume 7 Article 1 Issue 2 Applying Legal Principles May 2017 Lex Punit Mendacium: punitive damages and Bhasin v Hrynew Eric Andrews University of Western Ontario, Faculty of Law, [email protected] Follow this and additional works at: https://ir.lib.uwo.ca/uwojls Part of the Common Law Commons, Contracts Commons, Courts Commons, Jurisprudence Commons, and the Litigation Commons Recommended Citation Eric Andrews , "Lex Punit Mendacium: punitive damages and Bhasin v Hrynew", (2017) 7:2 online: UWO J Leg Stud 1 <https://ir.lib.uwo.ca/uwojls/vol7/iss2/1>. This Article is brought to you for free and open access by Scholarship@Western. It has been accepted for inclusion in Western Journal of Legal Studies by an authorized editor of Scholarship@Western. For more information, please contact [email protected], [email protected]. Lex Punit Mendacium: punitive damages and Bhasin v Hrynew Abstract Punitive damages are a controversial remedy in Canadian and non-Canadian law. Some scholars have gone so far as to argue that punitive damages are entirely inconsistent with the goals and principles of private law and ought to be abolished. Notwithstanding these criticisms, the Supreme Court of Canada has treated punitive damages as a relatively uncontroversial private law remedy. However, the circumstances under which a court will consider awarding punitive damages have evolved with recent Supreme Court decisions. One example is the introduction of the independent actionable wrong requirement in Vorvis v Insurance Corporation of British Columbia. The independent actionable wrong requirement has been criticized as an incoherent and ineffective check on the availability of punitive damages. -
Bhasin V. Hrynew, 2014 SCC 71, [2014] 3 S.C.R
SUPREME COURT OF CANADA CITATION: Bhasin v. Hrynew, 2014 SCC 71, [2014] 3 S.C.R. 494 DATE: 20141113 DOCKET: 35380 BETWEEN: Harish Bhasin, carrying on business as Bhasin & Associates Appellant and Larry Hrynew and Heritage Education Funds Inc. (formerly known as Allianz Education Funds Inc., formerly known as Canadian American Financial Corp. (Canada) Limited) Respondents CORAM: McLachlin C.J. and LeBel, Abella, Rothstein, Cromwell, Karakatsanis and Wagner JJ. REASONS FOR JUDGMENT: Cromwell J. (McLachlin C.J. and LeBel, Abella, Rothstein, (paras. 1 to 112) Karakatsanis and Wagner JJ. concurring) BHASIN v. HRYNEW, 2014 SCC 71, [2014] 3 S.C.R. 494 Harish Bhasin, carrying on business as Bhasin & Associates Appellant v. Larry Hrynew and Heritage Education Funds Inc. (formerly known as Allianz Education Funds Inc., formerly known as Canadian American Financial Corp. (Canada) Limited) Respondents Indexed as: Bhasin v. Hrynew 2014 SCC 71 File No.: 35380. 2014: February 12; 2014: November 13. Present: McLachlin C.J. and LeBel, Abella, Rothstein, Cromwell, Karakatsanis and Wagner JJ. ON APPEAL FROM THE COURT OF APPEAL FOR ALBERTA Contracts — Breach — Performance — Non-renewal provision — Duty of good faith — Duty of honest performance — Agreement governing relationship between company and retail dealer providing for automatic contract renewal at end of three-year term unless parties giving six months’ written notice to contrary — Company deciding not to renew dealership agreement — Retail dealer lost value of business and majority of sales agents solicited by competitor agency — Retail dealer suing company and competitor agency — Whether common law requiring new general duty of honesty in contractual performance — Whether company breaching that duty. -
The Modern Law of Contract
THE MODERN LAW OF CONTRACT Fifth edition This book is supported by a Companion Website, created to keep The Modern Law of Contract up to date and to provide enhanced resources for both students and lecturers. Key features include: N termly updates N self-assessment tests N links to useful websites N links to ‘ebooks’ for introductory and further reading N revision guidance N guidelines on answering questions N ‘ask the author’ – your questions answered www.cavendishpublishing.com/moderncontract THE MODERN LAW OF CONTRACT Fifth edition Professor Richard Stone, LLB, LLM Barrister, Gray’s Inn Visiting Professor, University College, Northampton Fifth edition first published in Great Britain 2002 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: + 44 (0)20 7278 8000 Facsimile: + 44 (0)20 7278 8080 Email: [email protected] Website: www.cavendishpublishing.com Published in the United States by Cavendish Publishing c/o International Specialized Book Services, 5804 NE Hassalo Street, Portland, Oregon 97213-3644, USA Published in Australia by Cavendish Publishing (Australia) Pty Ltd 3/303 Barrenjoey Road, Newport, NSW 2106, Australia This title was originally published in the Cavendish Principles series © Stone, Richard 2002 First edition 1994 Second edition 1996 Third edition 1997 Fourth edition 2000 Fifth edition 2002 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without the prior permission in writing of Cavendish Publishing Limited, or as expressly permitted by law, or under the terms agreed with the appropriate reprographics rights organisation. -
CONTRACT FORMATION (+ Intro)
CONTRACT FORMATION (+ Intro) Introduction Until 1875, Common Law and Equity courts were separate; today, this influences jurisdictional sources (eg equitaBle doctrines). EquitaBle remedies are discretionary, not of right. Injunctions, specific performance, doctrine of account are all important equitable doctrines. Several cases have diminished the CL/equity distinction – The Great Peace (2003), BCCI v Ali (2001) (when interpreting written contracts, use CL – no equitable principles). Burrows (2002) argues that equity should Be aBolished – there should be a single, unified law of obligations and property. General Principles Freedom of contract – Freedom of contract is the fundamental principles of contract law – the court will respect parties’ agreements and will not attempt to re-write them. There are three aspects: 1. All parties must make free, voluntary decisions when entering the transaction 2. Parties can, by agreement, stipulate that the agreement is not legally binding 3. Parties can and do shape the contents of the contract (assuming non-mandatory terms exist in the contract) Objective principle – Parties’ language or conduct must Be assessed according to outward reasonable meaning or appearance. - Crest Nicholson (Londinium) Limited v Akaria Investments Ltd (2010) (issue of whether a party has made an offer is to be objectively determined) Leggatt notes this principle enables courts and third parties to make sense of an agreement without exploring the messy suBjective aspects of the deal (parties’ intentions). Promisee-objectivity