The Law of Contracts, 2/e
- Publisher
- Irwin Law Inc.
- Initial publish date
- Dec 2012
- Category
- Contracts
-
Paperback / softback
- ISBN
- 9781552213056
- Publish Date
- Dec 2012
- List Price
- $85.00
-
eBook
- ISBN
- 9781552213063
- Publish Date
- Dec 2012
- List Price
- $85.00
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Out of print
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Description
The Law of Contracts, second edition, is a thorough revision of this authoritative text in Irwin Law’s Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in variety of topics including:
- The new doctrine in Tercon Contractors Ltd. v. British Columbia (2010) for determining the enforceability and application of exculpatory clauses.
- The possible implications of the new doctrine of the “unconscionable term.”
- The effect of Shafron v. KRG Insurance Brokers (Western) Inc. (2009) on the doctrine of restraint of trade and the concept of notional severance.
- The implications of Fidler v. Sun Life Assurance Co. of Canada (2006) and Honda Canada Inc. v. Keays (2008) on the availability of damages for non-pecuniary injury.
- The ability to limit the effect of ContractA/Contract B analysis in tendering illustrated by Double N. Earthmovers Ltd. v. Edmonton (City) (2007).
- The ability to seek equitable compensation when equitable rescission is barred, recognized in Rick v. Brandsema (2009).
The book also incorporates reference to leading Canadian cases on the doctrines of consideration, duress and good faith and discussion of recent English authorities dealing with such matters as contract interpretation and the rule in Hadley v. Baxendale.
McCamus on Contracts is an indispensible resource for anyone interested in modern Canadian contract law.
About the author
John D McCamus, BA, MA, LLB, LLM, LSM, LLD (Hon), FRSC, is a professor of law emeritus and university professor at the Osgoode Hall Law School of York University, a faculty that he served as dean from 1982 to 1987. He is a member of the Ontario Bar. Prior to joining the faculty at Osgoode, he spent a year as a law clerk at the Supreme Court of Canada for Chief Justice Laskin. At Osgoode, his principal areas of research and teaching have included private law, especially restitution and contract; commercial law; and information practices law. His published work includes numerous books, articles, and government reports on these and other topics; two texts, An Introduction to the Law of Restitution and Unjust Enrichment (Toronto: Thomson Reuters, 2020) and, co-authored with the late Peter D Maddaugh, The Law of Restitution, 2d ed (Aurora, ON: Canada Law Book, 2004); and a casebook, Cases and Materials on Contracts, 6th ed (Toronto: Emond Publications, 2018), co-edited with Professors Waddams, Girgis, MacDougall, and Neyers. From 1990 to 1993, he was a member, and from 1993 to 1996, chair, of the Ontario Law Reform Commission. In 1998, he was appointed by the American Law Institute to the Advisory Committee for the Restatement of Restitution and Unjust Enrichment, 3d (2011). Since 2000, he has been an associated scholar in the Toronto office of Davies Ward Phillips & Vineberg LLP. From 2007 to 2019, he served as chair of Legal Aid Ontario.
Editorial Reviews
"Professor McCamus’s The Law of Contracts is manifestly a labour of love. In its tone, style and overall approach it demonstrates the classic hallmarks of an experienced, caring and understanding teacher combined with the insights of a passionate and engaged legal scholar. It is essential reading for anyone with an interest in modern Canadian contract law and will undoubtedly see many future editions."
Richard Devlin (2006) 43 Can.Bus.L.J. 319-24 at 324