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Contracts

1976

Journal

Correctness

Articles 1 - 3 of 3

Full-Text Articles in Law

Barnett V. Harrison – Unilateral Waiver Of Contractual Conditions Precedent, C. S. Barnett Oct 1976

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 Oct 1976

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 Oct 1976

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 …