Contract Law Update: Developments of Note (2016)
This paper discusses contract law issues including decisions of relevance to commercial lawyers and business leaders giving a snapshot of particular principles of interest that arose in case law over the past 12 months.
This Year's Topics Include:
- Tracing the trajectory of the two key rulings in Sattva Capital Corp. v. Creston Moly Corp.: the nature and role of the factual matrix and the standard of review on appeal from a decision interpreting a contract;
- Are anti-oral amendment clauses efficacious?
- Options as unilateral or bilateral contracts (and why it matters);
- Limitations law as applied to continuing breaches of contract;
- What’s new with penalty clauses?
- The duty of good faith performance and rights of first refusal; and
- Contract clauses vesting a party with discretion – are they void for uncertainty?