Journal Articles (Law)
Items in this Collection
- 2Canadian Law
- 2Good faith (Law)--Laws, regulations and rules
- 2Government regulation
- 1B.C. Business Corporations Act
- 1BREACH of contract
- 1Bad faith(law)--
-
1991
In this paper, the author discusses the use of storytelling by certain members of the Critical Legal Studies Movement (CLS). She describes the stories told by three CLS scholars and offers the thesis that the methodology and attitudinal perspective present in their narrative voices promote a...
-
Economic justice and free trade: An analysis of the libertarian foundations of the free market paradigm
Download1996-01-01
While liberal political theory tacitly governs the domestic policy concerning international trade advocated by influential analysts such as Professor Michael E. Porter of the Harvard Business School, libertarian political theory animates the international trading regime. This incongruity merits...
-
Good Faith in Contractual Performance: The Supreme Court’s Confusing Lesson in Wallace v. United Grain Growers Ltd
Download1998
In Wallace v. United Grain Growers Ltd. l the Supreme Court of Canada was asked to remedy the alleged bad faith by an employer, both for the fact of dismissing the plaintiffand for its manner ofeffecting thedismissal . This marks the first time that Canada's highest court has had to decide...
-
Employment discrimination based on sexual orientation: The American, Canadian, and UK response
Download1999-01-01
Cohen, Ronnie, O'Byrne, Shannon, Maxwell, Patricia
Introduction: One of the last frontiers in American civil rights protection concerns the extent to which lawmakers-both legislative and judicial-show a willingness to prohibit workplace discrimination based on sexual orientation. Regrettably, the record of the United States has been less than...
-
Punitive Damages and the Requirement for an Independent Actionable Wrong: Whiten v Pilot Insurance Co.
Download2002-01-01
O'Byrne, Shannon, Oshioebo, Evaristus
Introduction: In Whiten v. Pilot Insurance Co., the Supreme Court of Canada considered whether a jury award of $1 million in punitive damages against an insurance company for breach of a contract was reviewable. Also considered was whether breach of an insurer's duty to act in good faith amounted...
-
Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for Intangibles
Download2004
This paper explores case law concerning breach of good faith in the franchise contract. Given the relational nature of the franchise contract, the good faith term forbids the franchisor from exploiting the franchisee’s classic vulnerability. The paper also illustrates why the franchisor is more...
-
2005
Introduction The general rule in contracts is that a plaintiff is not entitled to general damages for mental distress and other intangibles such as annoyance, humiliation, upset, disappointment, frustration, anguish, or anxiety in the face of breach. There are a number of reasons why this is so...
-
Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American Perspective
Download2005
O'Byrne, Shannon, Cohen, Ronnie
The article focuses on the recovery of mental distress damages in breach of contract cases in an American and Canadian legal context. It argues that U.S. and Canadian courts should dismiss the general rule against the recovery of intangibles. The article offers discussions of mental distress...