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Articles 1 - 12 of 12
Full-Text Articles in Law
Impossibility And Frustration, Jennifer Nadler
Book Review: Justice In Transactions Benson Peter, Jennifer Nadler
Book Review: Justice In Transactions Benson Peter, Jennifer Nadler
Articles & Book Chapters
No abstract provided.
Freedom From Things: A Defense Of The Disjunctive Obligation In Contract Law, Jennifer Nadler
Freedom From Things: A Defense Of The Disjunctive Obligation In Contract Law, Jennifer Nadler
Articles & Book Chapters
This article argues that the disjunctive obligation in contract law can be justified on moral grounds. It argues that from a perspective that regards human beings as free agents capable of choice and therefore independent of material objects, the contracting parties must be understood as agreeing to mutually guarantee one another's ownership of a certain value. This guarantee can be fulfilled either by handing over what was promised or by making up the difference between the market value and the contract value of what was promised. The plaintiff's contractual right is therefore a right that the defendant perform or pay. …
A Theory Of Mistaken Assumptions In Contract Law, Jennifer Nadler
A Theory Of Mistaken Assumptions In Contract Law, Jennifer Nadler
Articles & Book Chapters
In Great Peace Shipping v Tsavliris Salvage, the English Court of Appeal rejected the equitable doctrine of mistaken assumptions, arguing that the doctrine lacks a principled foundation. Defenders of the doctrine appear to agree that the doctrine lacks a coherent animating principle, but they think that its open-endedness is an argument in its favour. Against both the critics and the defenders, this article argues that the equitable doctrine of mistaken assumptions is a principled doctrine, one that protects individual self-determination by setting aside a contract that, due to a mistake about the quality of the thing contracted for, serves …
Contract Damages, Moral Agency, And Henry James’ The Ambassadors, Jennifer Nadler
Contract Damages, Moral Agency, And Henry James’ The Ambassadors, Jennifer Nadler
Articles & Book Chapters
This paper enters the dispute over the proper interpretation of the expectation measure of damages in contract law. Should damages be measured by the plaintiff’s financial loss or by the cost of acquiring a substitute performance (“cost of cure”)? I begin by presenting a moral (as opposed to an economic or a pragmatic) justification for the traditional contract principle that a plaintiff has a right to compensation for the financial loss flowing from breach but no right to performance. I do so by showing that implicit in the principle that the plaintiff has a right to compensation for financial loss …
Towards A Distinctive Trademark Law For The 21st Century, David Vaver
Towards A Distinctive Trademark Law For The 21st Century, David Vaver
Articles & Book Chapters
Canada's Trade Marks Act, when passed in 1953, was probably the best then around, but 65 years later it is ready to be pensioned off. The Act's deficiencies have become more evident as new markets and interests have gained prominence. A broadly-based Committee to reconsider the reform ofall intellectual property laws, with trademark law as one component, should be struck to produce a user-friendly code fit for 21st century commerce.
Three Recent Works On Contractual Interpretation [Part 2], John D. Mccamus
Three Recent Works On Contractual Interpretation [Part 2], John D. Mccamus
Articles & Book Chapters
No abstract provided.
Three Recent Works On Contractual Interpretation [Part 1], John D. Mccamus
Three Recent Works On Contractual Interpretation [Part 1], John D. Mccamus
Articles & Book Chapters
No abstract provided.
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
The Promise Of Certainty In The Law Of Pre-Incorporation Contracts, Poonam Puri
Articles & Book Chapters
In practice, most pre-incorporation contracts cause no difficulty for the parties who intend to benefit directly from them. In the normal course of events, once the corporation is incorporated, both the corporation and the third party perform on the contract: However, when the corporation does not come into existence, or comes into existence but refuses to adopt a contract, difficult legal issues arise in relation to the rights and liabilities of the parties? In these situations, the following questions must be -resolved: To what extent is the promoter liable on,the contract? To what extent is the corporation liable on the …
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
Case Comment: Smyth V. Szep Unsettling Settlements: Of Unconscionability And Other Things, David Vaver
Articles & Book Chapters
The recent decision of the British Columbia Court of Appeal in Smyth v. Szep once again canvasses the validity of releases signed by injured victims in favour of insurance companies and once again plunges into the murky waters of contractual unconscionability. Both issues have become more or less permanent squatters on judicial calendars throughout North America, and it seems worthwhile to consider why this is so and whether something can be done to reduce their tenure at least in Canada.
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Authority For Sale And Privity Of Contract: The Proprietary Basis Of The Right To The Proceeds Of Sale In The Common Law, Benjamin Geva
Articles & Book Chapters
Upon an authorized sale of goods, the owner's ability to recover the price from the buyer can be explained either by his property in the goods or by a contractual relationship. This article deals with the right to recover the price in the context of an historical and theoretical analysis of the right to the proceeds of a sale at common law. It is suggested that property is the basis of this right, rather than a contractual nexus. Part I presents the sale of goods by an agent of an undisclosed principal as a model situation in which the right …
Mistakes In Contracts For The Sale Of Goods, John D. Mccamus
Mistakes In Contracts For The Sale Of Goods, John D. Mccamus
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.