Each summer, I review judgments dealing with contract law issues looking for decisions of relevance to commercial lawyers and business leaders.1 Contract law principles typically do not change overnight; rather, they are modified incrementally. Where I find a case that illustrates an incremental change, I use it as a springboard for discussing the state of the law on the particular issue and how it affects commercial practice.
This paper is not meant to be a comprehensive review of Canadian contract law principles, but rather a snapshot of particular principles of interest that arose in case law over the past 12 months.
This year, the topics I have chosen are:
? *The implied duty of good faith performance and entire agreement clauses;
? *The efficacy of arbitration clauses in terms of finality and certainty;
? *The duty to mitigate where specific performance is sought as a remedy;
? *Professionals relying on limitation of liability clauses;
? *Contracting with First Nations under the Indian Act;
? *Conditions precedent;
? *Binding effect and enurement clauses; and
? *Contractual obligations to negotiate in good faith.
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