In authors or contributors

Canadian perspectives on contract remedies

Resource type
Author/contributor
Title
Canadian perspectives on contract remedies
Abstract
The Supreme Court of Canada has accepted that in the common law of contract a high degree of stability is desirable and incremental changes are to be justified on an evident need to update common law principles to local conditions. In this chapter, the work of the Supreme Court of Canada is described in respect to the law of remedies for contract breach. In particular, the court has justified a slightly more regulatory function in its development of punitive damages and the award of damages for non-pecuniary damages in contracts characterised by power imbalances. The different tack taken concerning specific performance and its impact on mitigation and damages also reflects arguments over different market conditions prevailing in Canada when compared to the United Kingdom.
Book Title
Research Handbook on Remedies in Private Law
Publisher
Edward Elgar Publishing
Date
2019/10/08
Pages
371-389
Language
en_US
ISBN
978-1-78643-127-1
Accessed
12/5/23, 3:10 PM
Library Catalog
www-elgaronline-com.lawlibrary.laws.uwindsor.ca
Extra
Section: Research Handbook on Remedies in Private Law
Citation
Berryman, J. (2019). Canadian perspectives on contract remedies. In Research Handbook on Remedies in Private Law (pp. 371–389). Edward Elgar Publishing. https://www.elgaronline.com/edcollchap/edcoll/9781786431264/9781786431264.00030.xml
Author / Editor