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Contract Law Update: Developments of Note (2016)
Posted in Contracts

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?

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