Publication Language: English
Published: April 14, 2023
Publisher: LexisNexis Canada
This collection of papers was developed from a conference on The Power and Limits of Private Law at the University of British Columbia’s Green College in June of 2022. This volume is a useful reference for lawyers, judges, academics and students who deal with private law issues on a day-to-day basis.
This collection is divided into eight parts:
Table of Cases
The Canadian Law of Obligations 2022 − Marcus Moore and Samuel Beswick, University of British Columbia, Introduction
Part I: The Purposiveness of Private Law
Chapter 1: A Solicitor Looks at the Law of Contracts − Angela Swan, Aird & Berlis LLP
Part II: Private Law and Private Power
Chapter 2: Of Power and Limits: Bargaining Power and the Limits of Private Law Regarding Non-Liability Clauses − Nathalie Vézina, Sherbrooke University
Part III: Private Law and Extraordinary Circumstances
Chapter 3: COVID-19 and the Limits of Contractual Frustration − Mitchell McInnes, University of Alberta
Part IV: Private Law’s Contradictions
Chapter 4: Models of Joint and Several Liability: Eadem causa obligandi and Responsibility for Another’s Debt in Common Law and Civil Law Traditions − Luigi Buonanno, Bocconi University
Part V: The Reflexivity of Private Law
Chapter 5: Fiduciary Obligations in the Expanding World of Data Trusts − Sofia Santinello, University of Padua
Part VI: Transsystemic Private Law
Chapter 6: Can a Moose Be a Party to a Contract? Nuanced Spaces for Indigenous Perspectives in Canadian Contract Law − Alan Hanna and Emmaline English, University of Victoria
Part VII: Private Law and Private Associations
Chapter 7: Structural Barriers to Deterring Medical Harm in Canadian Medical Malpractice − Lachlan Deyong, University of Montreal
Part VIII: The Power and Limits of Private Law-Making
Chapter 8: Legal Change and the Temptation of Elegance − Stephen Waddams, University of Toronto
Photos from Canadian Law of Obligations III − Melodie Eure, University of British Columbia