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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.