Date: Wed, 13 Sep 2006 13:59:13 -0400

From: John McCamus

Subject: Contracts and Subsequent Dealings

I would try to find cases on "abandonment". I vaguely recall that Laskin J., probably separately concurring or dissenting, relied on American doctrine to this effect, probably in the early to mid-70's. Also, some of the promissory estoppel cases in which the subsequent "reliance" is not truly detrimental may come close to what you're looking for.

Jason Neyers wrote:

Dear Colleagues:

Does anyone know of a (contract) principle/case that would preclude enforcement of a prior contract on the basis of the subsequent dealings between the parties in a situation where those subsequent dealings/negotiations/ignoring did not amount to a repudiation of the contract nor cause detrimental reliance?

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