Contract Law Update: Developments of Note
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.
- 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.