Your search
Results 1,739 resources
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
This article examines the extent to which entire agreement clauses (EACs) are enforceable under the Canadian common law of contracts and the extent to which these contractual provisions are effective in promoting contractual certainty. EACs are generally found in commercial agreements between legally sophisticated parties and in contracts of adhesion with inequality of bargaining power between parties. Their purpose is to promote contractual certainty by establishing that the full terms of the contracts are to be found in the document containing the clause. Although the goal of EACs is to promote contractual certainty, their legal significance is far from definitive and their effectiveness is subject to several limitations. On some occasions, courts have given effect to EACs to prevent pre-contractual statements from being legally operative; in others, they have disregarded them and recognized the validity of claims based on statements external to the contract. This paper aims to examine the relevant case law relating to the enforcement of EACs and to assess the overall effectiveness of such clauses as a contractual device for promoting contractual certainty. It is suggested that courts could incrementally improve legal certainty, by more markedly differentiating the legal treatment of EACs found in fully negotiated contracts between sophisticated parties and contracts of adhesion.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
The fourth edition of this established work is a systematic study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation. The book combines depth of treatment of problem areas with insightful commentary on possible lines of argument on traditionally difficult topics. It provides full coverage of content, interpretation, and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency, and interest. The work has been updated in its fourth edition to cover all recent developments in case law, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23, which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law. This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field
-
"Canadian securities law consists of an enduring core of fundamental principles that are refined, and sometimes shrouded, by a complex and constantly evolving body of technical details. This third edition, written by Christopher Nicholls — one of Canada’s foremost corporate and securities law experts — provides a solid grounding in the core securities law principles and helps the reader navigate the complex labyrinth of modern securities regulation. Securities Law surveys the essential building blocks of securities regulation: basic definitions, the public and exempt markets for securities, insider trading, continuous disclosure, enforcement, regulation of dealers and other securities industry professionals, and take-over and issuer bids. Discussion of these subjects is interwoven with thoughtful consideration of larger public policy issues. This book also explores the history of securities regulation and several recent topics, including, among others, the stalled initiatives aimed at trying to create a national cooperative capital market regulatory system in Canada; developments affecting dealers including the recent proposed consolidation of Canada’s two national securities industry self-regulatory organizations; impact of the 2021 Capital Markets Modernization Taskforce Report; changes introduced in Ontario by the Securities Commission Act, 2021; and the ongoing challenges posed by increasing shareholder activism and technological advances, including the regulatory challenges posed by cryptocurrencies and other digital assets."-- Provided by publisher.
-
"A team of expert authors provides an authoritative exploration of the Canadian securities regulatory system, its historical underpinnings and the practical ramifications of its administration and enforcement. Thoroughly revised and updated, this edition features several reorganized chapters that reflect the evolution of securities regulation in Canada and current issues facing today’s regulators and market participants."-- Provided by publisher.
-
« Trente ans après la publication de son premier article, l'auteur propose une analyse théorique, pratique et critique du droit des valeurs mobilières au Québec. Prenant appui sur ses écrits, notamment l'encadrement du secteur des valeurs mobilières par les provinces (Montréal, Éditions Thémis, 2012), l'auteur vise à combler une lacune dans la doctrine québécoise qui ne comporte pas de traité dans ce domaine depuis une quinzaine d’années. Le traité aborde la plupart des régimes du droit québécois des valeurs mobilières en faisant référence au droit anglo-canadien et en puisant dans l'ensemble de la doctrine et de la jurisprudence des provinces. Il aborde aussi les enjeux contemporains de ce domaine, tels que la place des facteurs environnementaux et sociaux dans le régime de divulgation. »-- Résumé de l'éditeur.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
We are in the age of statutes; and it is indisputable that statutes are swallowing up the common law. Yet the study of statutes as a coherent whole is rare. In these three lectures, given as the 2017 Hamlyn Lecture series, Professor Andrew Burrows takes on the challenge of thinking seriously and at a practical level about statutes in English law. In his characteristically lively and punchy style, he examines three central aspects which he labels interpretation, interaction and improvement. So how are statutes interpreted? Is statutory interpretation best understood as seeking to effect the intention of Parliament or is that an unhelpful fiction? Can the common law be developed by analogy to statutes? Do the judges have too much power in developing the common law and in interpreting statutes? How can our statutes be improved? These and many other questions are explored and answered in this accessible and thought-provoking analysis
-
Disclaimer: This summary was generated by AI based on the content of the source document.
Explore
Resource type
- Blog Post (6)
- Book (553)
- Book Section (178)
- Case (228)
- Conference Paper (3)
- Dictionary Entry (66)
- Document (2)
- Encyclopedia Article (2)
- Journal Article (682)
- Magazine Article (2)
- Newspaper Article (2)
- Preprint (2)
- Presentation (1)
- Report (11)
- Web Page (1)
Topics
- Aboriginal law (4)
- Aboriginal peoples (2)
- Abuse of process (5)
- Access to information (1)
- Administrative law (11)
- Admissibility (1)
- Appeals (5)
- Arrest (2)
- Assurance (1)
- Bankruptcy and insolvency (6)
- Banks (1)
- Canada (2)
- Charge to jury (2)
- Charter of Rights (30)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Civil procedure (2)
- Communications law (1)
- Constitutional law (47)
- Contracts (2)
- Copyright (8)
- Copyright Pentalogy (5)
- Costs (1)
- Court having jurisdiction (1)
- Courts (8)
- Criminal law (85)
- Crown law (1)
- Custody (4)
- Declaration of invalidity (1)
- Discoverability (1)
- Division of powers (4)
- Evidence (15)
- Expropriation (2)
- Extraterritoriality (1)
- Family law (7)
- Fiduciary duty (1)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Human rights (1)
- Immigration (3)
- Impaired driving (2)
- Income tax (4)
- Informer privilege (1)
- Infringement (2)
- Insurance (2)
- Intellectual property (8)
- Judicial review (5)
- Jurisdiction (5)
- Labour relations (1)
- Limitation of actions (1)
- Mediation (1)
- Negligence (1)
- Obligation of loyalty (1)
- Obstructing justice (1)
- Occupational health and safety (1)
- Open court principle (1)
- Patents (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (2)
- Property (1)
- Prosecutorial immunity (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (2)
- Sentencing (9)
- Sex workers (1)
- Sexual assault (6)
- Status of persons (1)
- Statutes (1)
- Taxation (6)
- Telecommunications (1)
- Torts (1)
- Trafficking in persons (1)
- Transportation law (2)
- Treaty rights (1)
- Trial (5)
- Voyeurism (1)
- Young persons (2)
Publication year
-
Between 2000 and 2026
- Between 2000 and 2009 (399)
- Between 2010 and 2019 (682)
- Between 2020 and 2026 (658)