Contract Law Update 2020: Developments of Note

This paper provides an update on contract law cases of interest to commercial practitioners.

Topics in this year's paper include:

• Rectification vs. equitable rescission for mistake – different remedies with different tests and outcomes

• This year’s boilerplate clause: exclusive vs. non-exclusive forum selection clauses

• The doctrine of unconscionability after Uber Technologies Inc. v. Heller, 2020 SCC 16 

• Reconciling inconsistent contract terms

• Stipulated-consequence-on-insolvency clauses and the anti-deprivation rule (Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2020 SCC 25

• The latest word on the duty of good faith from the Supreme Court of Canada

To read the full paper, click here.