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- Contract law protects the reasonable expectations of a promisee. As a result, a party may be bound to a contract, even if she does not intend to be bound, where a reasonable person would believe, based on her conduct and words, that she was assenting to the terms proposed by the other party.
defendit.ca/EN/small-claims-court/areas-of-focus/breach-of-contract/forming-a-contractForming a Contract Requires the Establishment of the Six Key ...
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principle of contracting. Canadian law recognizes reasonable expectations as an underlying thread of good faith, notwithstanding the vagueness of “reasonable expectations”. Thus, to the extent reasonable expectations in tort give rise to reasonable reliance in the form of a contract — which itself produces the reasonable
Nov 23, 2021 · The economic approach to contract law de-emphasizes contract’s promissory roots and instead locates the law’s justification in general welfare: the rules of contract law enable socially productive reliance on promises and mutually beneficial exchange.
- Daniel Markovits, Emad Atiq
- 2021
In Bhasin v Hrynew, a unanimous Supreme Court of Canada recognized that good faith contractual performance is a general organizing principle of Canadian common law, and that parties to a contract are under a duty to act honestly in the performance of their contractual obligations. The case is the first time our highest court has examined ...
Part III defines the protection of reasonable expectations as the fundamental principle of contract law and illustrates how that principle works in various doctrines in ways that resemble its role in good faith.
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May 30, 2019 · It analyses the different approaches adopted in Canada and England and Wales, and assesses whether good faith is part of an ‘irreducible core’ of contract law or whether it should only be introduced into a contract through the mechanism of implied terms.
- Paul S. Davies
- 2019
equivalent of performance.9 Thus contract law protects the promisee’s reasonable expectation of performance. Expectation is objectively assessed.10 The court will consider what a reasonable person in the promisee’s position would have expected to obtain as a result of the promise. A promisor is not required to fulfill unreasonable expectations.
The analysis suggests that, at least at the judicial level, appeals to reasonable expectation simply replicate, without resolving, some perennial problems in contract law. In particular, whether a strict or flexible approach should be taken in the interpretation of contract terms, the correct.
