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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