Journal Articles (Law)
Items in this Collection
- 4Restitution--Canada
- 3Contracts
- 2Canada
- 2Comparative Law
- 2Unjust Enrichment--Canada
- 1Bad faith(law)--
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A comment on ITO Ltd. v. Miida Electronics Inc. - The Supreme Court of Canada, privity of contract and the Himalaya clause
Download1988
Introduction: In the transportation of goods by sea, the shipper contracts with a marine carrier usually agreeing to a term limiting the liability of the carrier for damage to or loss of the goods. The contract of carriage between the shipper and the marine carrier is evidenced by a bill of...
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2001
Discusses the case 'Attorney General v. Blake,' where the Canadian House of Lords accepted the concept of gain-based relief for breach of contract. Calculation of contractual relief with reference either to what the plaintiff lost or what the defendant gained; Delineation of the relevant cause of...
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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...
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1990
Introduction: Historically, the common law's attitude towards one who mistakenly provided non-monetary benefits to another, who neither requested nor acquiesced in their conferment, was tight-fisted and fiercely individualistic. \"One cleans another's shoes; what can the other do but put them...
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2002
Introduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively...
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The Canadian principle of unjust enrichment: Comparative insights into the law of restitution
Download1999
In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...