Fridman’s The Law of Contract in Canada, Seventh Edition

General Editor and Lead Author: Jason W. Neyers, Professor, Faculty of Law, Western University

Co-authors: Gregory Bowley (UNB), Joanna Langille (Western), Carl McArthur (Western), Jennifer Nadler (Osgoode), Stéphane Sérafin (Ottawa), Samuel Beswick (UBC), Mitch McInnes (Alberta), Manish Oza (Western), and Mery Ppasiou (Western)

This is the first edition written without the contributions from the esteemed Gerald H.L. Fridman. In his memory, the book is now entitled Fridman’s The Law of Contract in Canada. The law of contract has seen many changes in the 13 years since the previous edition was published and in updating the text the new authors have sought to live up to Gerald’s goal of providing “an intelligible account of the present-day norms of the law of contract as they are applied in Canada” (Preface to the Third Edition). This edition has been thoroughly updated to state the law as of January 1, 2024.

The 7th Edition contains the most current developments in Canadian contract law including:

New chapters:

Intention to Contract (Chapter 3): including a discussion of Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga, 2021 SCC 22: intention to contract in a voluntary religious association.
Promissory Estoppel (Chapter 5) : sections distinguishing estoppel from other doctrines and discussing its future as an independent cause of action in Canada; discussion of Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, 2021 SCC 47: the requirements of a promissory estoppel.
Good Faith (Chapter 18): addressing the general organizing principle of good faith performance in contract flowing from Bhasin v. Hrynew (2014 SCC), including treatments of C.M. Callow Inc. v. Zollinger (2020 SCC) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (2021 SCC).

Other Important decisions discussed:

Jans Estate v Jans (2020 SKCA): repudiation of contract created by a minor.
Uber Technologies Inc. v. Heller (2020 SCC): unconscionable contracts.
PS International Canada Corp. (Seaboard Specialty Grains and Foods) v. Palimar Farms Inc, 2017 SKCA 78; Wenkoff v. Wenkoff Estate, 2021 SKCA 5 on conditions precedent.
Barton v. Morris, [2023] UKSC 3: no claim in unjust enrichment for entire contract
Sattva Capital Corp. v. Creston Moly Corp. (2014 SCC) and Teal Cedar Products Ltd. v. British Columbia (2017 SCC): the place of the “factual matrix” in Canadian contractual interpretation.
Braebury Development Corporation v. Gap (Canada) Inc. 2021 ONSC 6210 (frustration).
Fairmont Hotels Inc. v. Canada (Attorney General (2016 SCC): clarification of the scope of the equitable remedy of rectification.

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Fridman's The Law of Contract in Canada, Seventh Edition

Fridman's The Law of Contract in Canada, Seventh Edition