Contract Law Update: Developments of Note

16.10.13

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.

Topics include:

  • The implied duty of good faith performance and entire agreement clauses;
  • The efficacy of arbitration clauses in terms of finality and certainty;
  • The duty to mitigate where specific performance is sought as a remedy;
  • Professionals relying on limitation of liability clauses;
  • Contracting with First Nations under the Indian Act;
  • Conditions precedent;
  • Binding effect and enurement clauses; and
  • Contractual obligations to negotiate in good faith.