Contract Law Update 2020: Developments of Note
This paper provides an update on contract law cases of interest to commercial practitioners.
Topics in this year's paper include:
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Rectification vs. equitable rescission for mistake – different remedies with different tests and outcomes
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This year’s boilerplate clause: exclusive vs. non-exclusive forum selection clauses
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The doctrine of unconscionability after Uber Technologies Inc. v. Heller, 2020 SCC 16
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Reconciling inconsistent contract terms
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Stipulated-consequence-on-insolvency clauses and the anti-deprivation rule (Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020 SCC 25
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The latest word on the duty of good faith from the Supreme Court of Canada
To read the full paper, click here.