Contract Law Update: Developments of Note


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.

To read the full paper download the PDF.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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