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With six previous editions spanning 40 years, Stephen Waddams’s The Law of Contracts has earned an esteemed place in Canadian jurisprudence. The Supreme Court of Canada and lower courts consider it an authority and regularly turn to it for its sound analysis of the principles underlying the law.
An important new appraisal of Bhasin v. Hrynew and much more
In the 2017 edition, Professor Waddams turns his attention to a careful, nuanced analysis of Bhasin v. Hrynew, the 2014 Supreme Court of Canada case that has transformed contract law. The ruling, which held that there is a duty of honesty in the performance of all contracts, has enormous implications for Canadian businesses – and has created new law around a general duty of good faith.
An overarching doctrine such as this gives rise to new duties beyond the letter of the contract and affects broad areas of the law of contracts. Professor Waddams has also revised and expanded his commentary under numerous topics to address the implications of the case throughout the law of contracts.
New in this edition
- Analysis of the groundbreaking decision in Bhasin v. Hrynew (2014 S.C.C.) which held that that there is a duty of honesty in the performance of all contracts
- An examination of Sattva Capital Corp v. Creston Moly Corp (2014 S.C.C.), which discussed how appellate courts should handle appeals involving the interpretation of contracts
- Revised commentary addressing the implications of Supreme Court of Canada decisions under various topics
- Analysis of all important decisions from Canada and Commonwealth countries since the sixth edition
- All chapters have been reviewed and updated
Understand the tension at work among conflicting principles, competing values, and established law
Bhasin v. Hrynew illustrates the natural evolution Professor Waddams referred to in the original 1977 preface:
“...[M]any rules of contract law at present thought to be established doctrines will be reopened and reconsidered. If a rule fails to respond to society’s concept of justice, it will no longer be an answer that settled law is good law.”
The Law of Contracts delves beneath the rules on the surface to identify and explain the conflicting principles that lie beneath. This insight helps you grasp the conflicts, apprehend the interplay of values, and confidently understand the implications.
A required resource for complete research on contract law
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