Simon's Megalomaniacal Legal Resources

Contracts

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NOTES

Contract is a central topic in our common law legal system. In fact, many free-standing substantial legal topics in this website are contract-based [eg. landlord and tenant (commercial and residential), insurance, international trade]. It's most closely related to the civil causes of action of tort and restitution (which see).

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SUBJECTS

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General

Contract Cases - Suing in Contract and Tort Concurrently
Contract Cases - A Duty of Fairness?

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Interpretation

Contract Cases - Interpretation - Basics (+)
Contract Cases - Interpretation - Sattva (+)
Contract Cases - Interpretation - Commercial Principles
Contract Cases - Interpretation - Implied Terms
Contract Cases - Interpretation - Pre-Contract Negotiation
Contract Cases - Interpretation - Contra Proferentum
Contract Cases - Interpretation - Multiple Related Contracts
Contract Cases - Interpretation - Ambiguity
Contract Cases - Interpretation - Post-Execution Conduct
Contract Cases - Interpretation - Oral Contracts
Contract Cases - Interpretation - Objective Factors Only
Contract Cases - Interpretation - Inconsistent Terms
Contract Cases - Interpretation - Parole Evidence (Extrinsic Evidence)
Contract Cases - Interpretation - 'Time Speaking'
Contract Cases - Interpretation - Time
Contract Cases - Interpretation - Contractual Discretion
Contract Cases - Interpretation - Priority of Terms Reconciliation
Contract Cases - Interpretation - Corporate Documents
Contract Cases - Interpretation - Presumption of Consistent Expression
Contract Cases - Interpretation - Contextual
Contract Cases - Interpretation - Officious Bystander
Contract Cases - Interpretation - Read Wholistically

Evidence

Contract Cases - Evidence

Appeal

Contract Cases - Appeal - Standard of Review (+)

Meaning of Specific Terms

Contract Cases - Specific Term - "Final and Binding"
Contract Cases - Specific Term - "Warranty"
Contract Cases - Specific Term - "Condition"
Contract Cases - Specific Term - "Profit"
Contract Cases - Specific Term - "Sufficiently Given"

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Commencement

Contract Cases - Formation
Contract Cases - Privity
Contract Cases - Tender (Bidding)
Contract Cases - Offers
Contract Cases - Tendering Performance
Contract Cases - Satisfaction of Conditions

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Issues

Contract Cases - Deposits (+)
Contract Cases - Waiver
Contract Cases - Mistake and Rectification (+) [see also: Equity - Rectification]
Contract Cases - Tilden v Clendenning
Contract Cases - Disclaimers
Contract Cases - Liability Allocation
Contract Cases - Perpetuities
Contract Cases - Guarantees (+)
Contract Cases - Elections
Contract Cases - Vested Statutory Rights
Contract Cases - Barter
Contract Cases - Consideration
Contract Cases - Amendment

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Types of Contract

Contract Cases - Agreements to Agree
Contract Cases - Adhesion Contracts
Contract Cases - Debt Contracts
Contract Cases - Employee v Independent Contractor
Contract Cases - Settlement Releases (+)
Contract Cases - Unilateral versus Bilateral
Contract Cases - Non-Arm's Length
Contract Cases - Joint Venture
Contract Cases - Employment
Contract Cases - Undertakings
Contract Cases - Collective Agreements

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Specific Clauses

Contract Cases - Entire Agreement Clause
Contract Cases - Penalty Clauses
Contract Cases - Options
Contract Cases - Assignment
Contract Cases - Time is of the Essence
Contract Cases - Discretionary Terms
Contract Cases - Right of First Refusal
Contract Cases - Forum Selection Clauses
Contract Cases - Arbitration
Contract Cases - Irrevocable Direction
Contract Cases - Force Majeure
Contract Cases - Terms Conditional on Court Order
Contract Cases - 'Stipulated Remedy Clause'
Contract Cases - Successor Clauses
Contract Cases - Alternative Dispute Resolution (ADR)

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Forfeiture

Contract Cases - Relief from Forfeiture [cross-linked from 'Relief from Forfeiture']
Contract Cases - Illegality and Severance (+)
Contract Cases - Sham Contracts
Contract Cases - Duress
Contract Cases - Restraint of Trade (+)
Contract Cases - Rescission
Contract Cases - Frustration
Contract Cases - Anticipatory Repudiation (+)
Contract Cases - Fundamental Breach
Contract Cases - Annulment Clause
Contract Cases - Unconscionability (+) [the Unconscionable Transactions Relief Act (UTRA) specifically addresses unconscionability and loans: see the 'Consumer' topic]

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Remedies

Contract remedies are mostly located in Damages and Injunctions and Stays (Specific Performance).

Contract Cases - Damages
Contract Cases - Disgorgement
Contract Cases - Specific Performance
Contract Cases - Contributory Fault

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The New Duties

Contract Cases - Duties of Good Faith and Honesty (+)

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Statutes and Contracts

Contract Cases - Contracting Out of Statutes
Contract Cases - Statute of Frauds
Contract Cases - Sale of Goods (+)

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HOME STATUTES

For website planning purposes, all proclaimed statutes (both Ontario and Federal) are 'home-located' with a single topic, the below statutes are the 'home statutes' for the Contract topic.

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Ontario

Frustrated Contracts Act
International Sales Conventions Act
Sale of Goods Act
Statute of Frauds

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SIMON'S POLITICS

	CAUTION Everything on this next link is my personal politics, not law.

Contract - Simon's Politics

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CONTRACT WORKING

. need to statreg-split (locally and foreign) all the home statutes

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