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Full-Text Articles in Contracts
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
The Case Of The Unwary Home Buyer: The Housing Merchant Did It, E. F. Roberts
Cornell Law Faculty Publications
The author points up the decline of caveat emptor as a viable doctrine governing the sale of new homes and analyzes the emergence of implied warranty as a remedy for both structural deficiencies and personal injuries. He argues that the concept of implied warranty tends to obfuscate real distinctions between the builder-vendor’s responsibility for the material integrity of a new home and for personal injuries occasioned by defects therein, concluding that legislation is needed to reestablish a system of order in the law.
Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie
Inducing Breach Of Contract In Trade Disputes: Development Of The Law In England And Canada, Innis Christie
Innis Christie Collection
In the course of his judgement in the Posluns case Gale J., now the Chief Justice of the High Court of Ontario, thus defined the tort of inducing breach of contract. The Posluns case was an action by a stockbroker against the Toronto Stock Exchange, but it is in the context of trade disputes, especially in cases of picketing, that the tort of inducing breach of contract is significant in Canada. In the confused fact situations arising out of trade disputes Canadian courts have not always been as careful as was Gale J. to identify each of the elements of …