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Full-Text Articles in Law
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Dalhousie Law Journal
Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Dalhousie Law Journal
Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett
Dalhousie Law Journal
Barnett v. Harrison' concerned the correctness of a trilogy of judgments of the Supreme Court of Canada which have stood for the basic proposition of contract law that a condition precedent expressed in a contract may not be waived unilaterally, notwithstanding that the condition was inserted and intended for the sole benefit of the party seeking to waive it unless the contract expressly provides such a power to waive. In the initial and leading case, Turney v. Zhilka, a contract for the purchase and sale of land was made conditional upon the property being "annexed to the village of Streetsville …
The Inconsistent Collateral Contract, David W. Mclauchlan
The Inconsistent Collateral Contract, David W. Mclauchlan
Dalhousie Law Journal
The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …
The Inconsistent Collateral Contract, David W. Mclauchlan
The Inconsistent Collateral Contract, David W. Mclauchlan
Dalhousie Law Journal
The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …
The Inconsistent Collateral Contract, David W. Mclauchlan
The Inconsistent Collateral Contract, David W. Mclauchlan
Dalhousie Law Journal
The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …
The Inconsistent Collateral Contract, David W. Mclauchlan
The Inconsistent Collateral Contract, David W. Mclauchlan
Dalhousie Law Journal
The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …
The Inconsistent Collateral Contract, David W. Mclauchlan
The Inconsistent Collateral Contract, David W. Mclauchlan
Dalhousie Law Journal
The parol evidence rule provides that evidence extraneous to a written contract cannot be received to add to, vary or contradict its terms. Although it can be so simply stated, this rule has been the source of a great deal of confusion in the law of contract. It was enforced rigidly when it first became established as part of the common law but has since been gradually relaxed. As the English courts became faced with new situations where too strict an adherence to the rule would have caused injustice, they created numerous apparent exceptions to it. The decisions of the …