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"This Sixth edition of Goode on Commercial Law has been retitled Goode and McKendrick on Commercial Law and it remains the first port of call for the modern day practitioner with its theoretical and practical coverage of commercial law in both a national and an international context. This highly acclaimed and authoritative text, which is regularly cited by all courts from the Supreme Court downwards, combines a deep theoretical analysis of foundational principles with a practical approach in the context of typical commercial and financial transactions. It is also replete with diagrams and specimen forms covering a wide range of transactions." --publisher's description.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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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.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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"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.
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"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.
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« 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.
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Contract terms can be express or implied. But what does that mean? I argue that the distinction can be illuminated by reference to the philosophy of language. Express terms are best understood by reference to the truth-conditional content of the parties’ agreement; implied terms are derived from express terms by a process of reasoning, albeit one aimed at establishing the parties’ commitments.
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