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- 2Good faith (Law)--Laws, regulations and rules
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- 1BREACH of contract
- 1Bad faith(law)--
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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...
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A Comment on ‘Six Months of the British Columbia Business Corporations Act: Changes and Challenges'
Download2006-01-01
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...
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2007
This article assists common law practitioners to predict when good faith obligations are owed in the context of contractual performance by organizing recent case law. The article concludes by advocating for express recognition of a common law rule that would mandate good faith as the governing,...
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2015-01-01
O'Byrne, Shannon, Cohen, Ronnie
This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty —...
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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...
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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...
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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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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...