From: Jason W Neyers <jneyers@uwo.ca>

Sent: Friday 20 September 2024 13:40

To: obligations

Subject: ODG: Good Faith in Canadian Contract Law

Dear Colleagues:

Congratulations go out to ODGer Brandon Kain on the publication of his 2-volume 3000-page treatise: Good Faith in Canadian Contract Law (Lexis-Nexis, 2024): https://store.lexisnexis.ca/en/categories/shop-by-jurisdiction/federal-13/good-faith-in-canadian-contract-law-2-volumes-skusku-cad-6996/details.

Here is the description:

This first-of-its-kind treatise provides a comprehensive overview of good faith in Canadian contract law, a rapidly developing and increasingly important legal area. The book examines the role that good faith plays at every stage of the contractual process, including negotiations, formation, performance, interpretation and remedies. It contains incisive analysis of the leading cases, drawing upon recent and historical developments in both Canada and abroad.

And here is the Table of Contents:

VOLUME 1
CHAPTER 1: INTRODUCTION
1.01 The Importance of Good Faith
1.02 The Scope of the Good Faith Principle
1.03 The Emergence of Good Faith as an Organizing Principle
1.04 Good Faith Outside Common Law Canada

CHAPTER 2: THE ORGANIZING PRINCIPLE OF GOOD FAITH
2.01 The Nature of the Organizing Principle of Good Faith
2.02 The Concerns of the Organizing Principle of Good Faith
2.03 The Importance of Context to the Organizing Principle of Good Faith
2.04 The Doctrines of the Organizing Principle of Good Faith

CHAPTER 3: GOOD FAITH IN CONTRACTUAL NEGOTIATIONS
3.01 Overview of Good Faith in Contractual Negotiations
3.02 Negotiations Against the Backdrop of Pre-existing or Preliminary Agreements
3.03 Unfair Changes of Position in Contractual Negotiations
3.04 Statutory Requirements to Negotiate in Good Faith

CHAPTER 4: GOOD FAITH IN CONTRACTUAL FORMATION
4.01 Overview of Good Faith in Contractual Formation
4.02 Procedural Constraints on Contractual Formation: Dishonesty
4.03 Procedural Constraints on Contractual Formation: Exploitation
4.04 Substantive Constraints on Contractual Formation: Gross Disproportionality

CHAPTER 5: GOOD FAITH IN PERFORMANCE: RELATIONAL DUTIES
5.01 Overview of the Relational Duties of Good Faith Performance
5.02 Employment
5.03 Insurance
5.04 Franchises
5.05 Guarantees
5.06 Joint Ventures
5.07 Domestic Contracts
5.08 Agreements With the Government

VOLUME 2
CHAPTER 6: GOOD FAITH IN PERFORMANCE: SITUATIONAL DUTIES
6.01 Overview of the Situational Duties of Good Faith Performance
6.02 The Duty of Honest Performance
6.03 The Duty to Exercise Contractual Discretion Reasonably
6.04 The Duty Not to Evade Contractual Obligations
6.05 The Duty to Cooperate to Achieve the Purposes of the Contract
6.06 Unfair Changes of Position in Contractual Performance

CHAPTER 7: GOOD FAITH IN CONTRACTUAL INTERPRETATION
7.01 Overview of Good Faith in Contractual Interpretation
7.02 Good Faith as an Organizing Principle in the Law of Contractual Interpretation
7.03 Contracting Out of Good Faith
7.04 Contracting Into Good Faith

CHAPTER 8: REMEDIES
8.01 Overview of Good Faith and Contractual Remedies
8.02 Remedies for Conduct Contrary to Good Faith
8.03 Good Faith As an Organizing Principle in the Law of Remedies

Happy Reading,

Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)

You're receiving this message because you're a member of the obligations group from The University of Western Ontario. To take part in this conversation, reply all to this message.

View group files   |   Leave group   |   Learn more about Microsoft 365 Groups