Journal Articles (Law)
Items in this Collection
- 3Canada
- 3Commercial Law
- 1Actions & Defenses (Law)
- 1Administrative Discretion (Law)
- 1Arbitration & Award
- 1Breach of Contract
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2009
Circularp riorityp roblems are endemic in secured transaction law. A circular priority situation arises when there are three or more parties with competing claims to the same asset and there is no clear ranking ofpriority among them. There are multiple approaches applied by courts or advanced by...
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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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2007
The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...
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The use of conciliation or mediation for the resolution of international commercial disputes
Download2007
The article focuses on international commercial disputes, which are typically between private partners. It then emphasizes the conciliation or mediation as a method for the resolution of such disputes. It explores more international rules and model laws for the use of conciliation as an...