Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Breaches (1)
- Contract (1)
- Contractual fairness (1)
- Debt (1)
- Duress (1)
-
- EACs (1)
- Entire agreement clauses (1)
- Federalism (1)
- Goods and services (1)
- Markets (1)
- Mistake (1)
- NCRs (1)
- Negligence (1)
- Non-recoverable (1)
- Non-reliance clauses (1)
- Officious (1)
- Pre-contractual misrepresentations (1)
- Recoverable (1)
- Reform (1)
- Restitution (1)
- Supreme Court of Canada (1)
- Torts (1)
Articles 1 - 3 of 3
Full-Text Articles in Torts
Contracting Out Liability For Negligent Pre-Contractual Misrepresentation, Daniele Bertolini
Contracting Out Liability For Negligent Pre-Contractual Misrepresentation, Daniele Bertolini
Dalhousie Law Journal
This article examines the extent to which entire agreement clauses (EACs) and non-reliance clauses (NRCs) are enforceable to preclude actions for negligent pre-contractual misrepresentations. It is argued that courts could improve legal certainty and contractual fairness by adopting two distinct legal rules to be applied, respectively, to contracts between sophisticated parties and in adhesion contracts. First, it is suggested that in contracts between sophisticated parties only specific contractual barriers to actions should provide a complete defence against negligent misrepresentation claims. Under this rule, the exclusionary effect of EACs and NRCs would be achieved only if an express term of the …
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Morguard Investments Limited: Reforming Federalism From The Top, Peter Finkle, Simon Coakeley
Dalhousie Law Journal
Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the …
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Dalhousie Law Journal
The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …