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)--
Introduction: I would like to begin my brief comments by noting Linda Parsons and Kate Bake-Paterson's concluding prediction that - when all the dust settles - British Columbia's Business Corporations Act (the "BCBCA" or the Act) will become "a desirable statutory regime of choice among Canadian...
Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for IntangiblesDownload
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...
Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American PerspectiveDownload
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...
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...
Economic justice and free trade: An analysis of the libertarian foundations of the free market paradigmDownload
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...
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...
Judicial interpretation of contracts in some ways assumes that good faith is required unless otherwise explicitly stated, a trend made clear by Gateway v Arton Holdings. While common law has long relied on the notion of good faith, judges are enforcing an implied duty to both negotiate and...
Good Faith in Contractual Performance: The Supreme Court’s Confusing Lesson in Wallace v. United Grain Growers LtdDownload
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...
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...
As part of the Alberta Law Review's Special Edition celebrating the seventy-fifth anniversary of the opening of the Law School in 1921, this article endeavours to trace aspects of the expansion of the enforceability of promises from 1921 to 1996. To provide a general context for subsequent...