contracts Archives - LawNow Magazine

Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith

The creation of “a general duty of honesty in contractual performance” by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin SCC] simply recognizes that “parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract” (para 73). The highest court in […]

Authors:

Olugbenga Shoyele
Olugbenga Shoyele, PhD, LL. M. is Legal Counsel with the Alberta Court of Queen's Bench, Edmonton, AB. The opinions expressed in this article are the author's own.
 

Bench Press 39-3: New Duty of Honest Performance

The Supreme Court of Canada issued an interesting decision recently in the area of contract law.  It began by stating: “Canadian common law in relation to good faith performance of contracts is piecemeal, unsettled and unclear.” Clearly, this was an unsatisfactory state of affairs that the Court was determined to remedy. It outlined two steps: […]

Authors:

Teresa Mitchell
Teresa Mitchell
Teresa Mitchell is the Acting Editor and Legal Writer for LawNow Magazine at the Centre for Public Legal Education Alberta. www.cplea.ca
 

Marc Ribeiro v. Dragons’ Den

Introduction The modern phenomenon of reality television can be a tough business.  What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation.  Television broadcasts the glorious performances of some and, equally, causes the embarrassments of others to be instantly publicized […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Johnathon Layton
Johnathon Layton recently earned a B.Comm. at the Haskayne School of Business, University of Calgary (2014).
 

Comma Law

The writer who neglects punctuation, or mispunctuates, is liable to be misunderstood for the want of merely a comma .  .  .      – Edgar Allan Poe Introduction “Let’s eat, Grandma” or “Let’s eat Grandma.”  As the saying goes, “commas save lives.” This adage humorously demonstrates the significance of proper punctuation in determining meaning, […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Johnathon Layton
Johnathon Layton recently earned a B.Comm. at the Haskayne School of Business, University of Calgary (2014).
 

A Lease is a Contract

Most of us do not think of ourselves as negotiators and deal-makers. The reality is that in our everyday lives we are negotiating and making agreements all the time without really thinking about it. Some of the agreements are purely personal matters without any legal implications. Other agreements fall into the category of legal contracts, […]

Authors:

Lynn Parish
Lynn Parish is an Edmonton lawyer who currently works as Hearing Chair for the Alberta Appeals Commission for Worker's Compensation.
 


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