Canadian Contractual Interpretation Law
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Canadian Contractual Interpretation Law
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Author : Geoffrey Robert Hall
language : en
Publisher:
Release Date : 2007
Canadian Contractual Interpretation Law written by Geoffrey Robert Hall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Contracts categories.
Canadian Contractual Interpretation Law
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Author : GEOFF R. HALL
language : en
Publisher:
Release Date : 2020
Canadian Contractual Interpretation Law written by GEOFF R. HALL and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Canadian Contract Law
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Author : John Swan
language : en
Publisher:
Release Date : 2008
Canadian Contract Law written by John Swan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Contracts categories.
Canadian Contract Law
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Author : Angela Swan
language : en
Publisher:
Release Date : 2009-01-01
Canadian Contract Law written by Angela Swan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Contracts categories.
Contractual Interpretation In Tax Disputes
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Author : Amir Pichhadze
language : en
Publisher:
Release Date : 2015
Contractual Interpretation In Tax Disputes written by Amir Pichhadze and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The Tax Court of Canada's recent analysis, in Henco Industries Limited v. Her Majesty the Queen, raises several important questions that relate to contractual interpretation in tax disputes. Firstly, what is the proper objective of contractual interpretation in tax disputes? Is the courts' objective of ascertaining the 'correct tax assessment' a proper objective of interpretation? Also, is the pursuit of a 'just result' in the assessment a proper objective of interpretation? Secondly, what is the proper role of the words in the contract when carrying out the task of interpretation? Is the court required, or at liberty, to look past the words and focus instead on the parties' actions, as evidenced by extrinsic evidence of the surrounding circumstances? Thirdly, when considering extrinsic evidence, is evidence of the parties' subjective contractual intentions admissible for the purpose of interpretation? Fourthly, under what circumstances are contractual terms ambiguous in the legal sense? Fifthly, when is extrinsic evidence of the parties' subjective intentions admissible for the purpose of resolving latent ambiguity? The purpose of this paper is to critically analyze the court's approach to these issues in the Henco case. While this analysis relates directly to contractual interpretation in the Canadian context, it ought to also be relevant to other common law jurisdictions that share similar principles of contractual interpretation.
The Law Of Contracts 3 E
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Author : John McCamus
language : en
Publisher:
Release Date : 2020-09-28
The Law Of Contracts 3 E written by John McCamus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-28 with categories.
The Law of Contracts, third edition, is a thorough revision of this authoritative text in Irwin Law's Essentials of Canadian Law series. It includes discussion of recent jurisprudential developments in a variety of topics including: The impact of the ground-breaking decision in BhasinvHrynew, 2014 SCC 71, in articulating the general organizing principle requiring good faith performance underlying the existing law imposing duties of good faith contractual performance and the recognition of a new good faith duty of honest performance The potential implications of BhasinvHrynewfor the duty to bargain in good faith The effect of the decision of the Supreme Court of Canada in Canada (Attorney General)vFairmont Hotels Inc, 2016 SCC 56, on the law of rectification for mistake The continuing development of the Canadian jurisprudence applying the Terconrule to the enforceability of exculpatory clauses The impact of Uber Technologies Incv Heller, 2020 SCC 16 and Douez v Facebook Inc, 2017 SCC 33, on the doctrine of unconscionability The potential impact of Southcott Estates IncvToronto District Catholic School Board, 2012 SCC 51, on the law of mitigation and of specific performance The effect of Globe Motors IncvTRW Lucas Varity Electronic Steering Ltd(Eng CA) on the enforceability of "no oral variation" clauses The book also incorporates reference to recent Canadian cases on doctrines such as estoppel, privity, interpretation and appellate review, and discussion of recent leading authorities dealing with such matters as contractual interpretation and the application of the basic principles of formation to e-commerce. The Law of Contractsis an indispensible resource for anyone interested in modern Canadian contract law.
The Role Of Contract Interpretation In Transfer Pricing Law
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Author : Amir Pichhadze
language : en
Publisher:
Release Date : 2019
The Role Of Contract Interpretation In Transfer Pricing Law written by Amir Pichhadze and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
The purpose of this article is to point out recent and significant developments that further support the author's call to acknowledge the necessary role of contract interpretation in the process of delineating the actual controlled transaction when conducting a transfer-pricing analysis. The first development refers to recent cases in which Canada's courts (1) have recognized the necessary role of contract interpretation in determining the true nature of a transfer-pricing arrangement, and (2) have exemplified the correct approach to identifying and applying the law of interpretation that governed the contractual terms. These cases ought to serve as an example to other courts, in Canada and around the world, when delineating the true nature of controlled transactions for the purposes of the transfer-pricing analysis. The second development is the explicit recognition by the Organisation for Economic Co-operation and Development, in its newly revised transfer-pricing guidelines, of the necessary role of contract interpretation in the transfer-pricing analysis. Considering these developments, it is hoped and expected that courts will not overlook this necessary task of contract interpretation. The risk of such oversight is exemplified in this article by the Supreme Court of Canada's analysis in Canada v. GlaxoSmithKline Inc.
Interpretation Of Contracts
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Author : Kim Lewison
language : en
Publisher:
Release Date : 2013
Interpretation Of Contracts written by Kim Lewison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Contracts categories.
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
The Law Of Contract In Canada
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Author : Gerald Henry Louis Fridman
language : en
Publisher:
Release Date : 2011
The Law Of Contract In Canada written by Gerald Henry Louis Fridman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Contracts categories.
Commercial Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2013-01-31
Commercial Contract Law written by Larry A. DiMatteo and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-31 with Law categories.
Part I. The Role of Consent: 1. Transatlantic perspectives: fundamental themes and debates Larry A. DiMatteo, Qi Zhou and Séverine Saintier 2. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Naturalistic contract Peter A. Alces 6. Contract in a networked world Roger Brownsword 7. Contract, transactions, and equity T.T. Arvind Part III. Contract Design and Good Faith: 8. Reasonability in contract design Nancy S. Kim 9. Managing change in uncertain times: relational view of good faith Zoe Ollerenshaw Part IV. Implied Terms and Interpretation: 10. Implied terms in English contract law Richard Austen-Baker 11. Contract interpretation: judicial rule, not party choice Juliet Kostritsky Part V. Policing Contracting Behavior: 12. The paradox of the French method of calculating the compensation of commercial agents and the importance of conceptualising the remedial scheme under Directive 86/653 Séverine Saintier 13. Unconscionability in American contract law Chuck Knapp 14. Unfair terms in comparative perspective: software contracts Jean Braucher 15. (D)CFR initiative and consumer unfair terms Mel Kenny Part VI. Misrepresentation, Breach and Remedies: 16. Remedies for misrepresentation: an integrated system David Capper 17. Re-examining damages for fraudulent misrepresentation James Devenney 18. Remedies for documentary breaches: English law and the CISG Djakhongir Saidov Part VII. Harmonizing Contract Law: 19. Harmonisation European contract law: default and mandatory rules Qi Zhou 20. Harmonization and its discontents: a critique of the transaction cost argument for a European contract law David Campbell and Roger Halson 21. Europeanisation of contract law and the proposed common European sales law Hector MacQueen 22. Harmonization of international sales law Larry A. DiMatteo.