Penalty Clause
Home › Contracts ›Penalty Clause in Employment Contract Penalty Clause in Employment Contract This argument is also distinct from that of unconscionability although there is an element which is similar.…
Unfair Contracts: Oppression
Home › Contracts ›Unfair Contracts: Oppression Unfair Contracts: Oppression Oppression 27 Million Severance UPM-Kymmene Corp v UPM-Kymmene Miramichi Inc, a decision of the Ontario Superior Court dealt with a shareholder…
Unsophisticated Party and the “Entire Agreement” Clause
Home › Contracts ›Unsophisticated Party and the “Entire Agreement” Clause Unsophisticated Party and the “Entire Agreement” Clause The Divisional Court in its February 2014 decision in 2190322 Ontario Ltd. v…
“Entire Agreement”
Home › Contracts ›Defence: The Entire Agreement Clause Defence: The Entire Agreement Clause Such a clause, which is distinct from a disclaimer clause, yet much to the same legal effect,…
Disclaimer Rules
Home › Contracts ›Rules on the Disclaimer Clause Rules on the Disclaimer Clause The issue of disclaimer clauses is important in claims for negligent misrepresentation as often the challenged contract…
Negligent Misrep & Disclaimer
Negligent Misrepresentation: Defence of the Disclaimer Clause A review of the test for a negligent misrepresentation claim may be read here. Cognos & Disclaimer Clause Queen v Cognos is the…
Mistake and Rectification
Home › Contracts ›Mistake & Rectification of the Employment Contract Mistake & Rectification of the Employment Contract This argument is distinct from unconscionability as reviewed above. Rectification is an unusual…
Equitable Defences to the Contract
Home › Contracts ›Equitable Defences to the Contract Equitable Defences to the Contract The resort to the defence of equitable pleas of unconscionability, undue influence and duress are usually hallmarks…
Duress
Home › Contracts ›Duress Duress The essential difference between duress and unconscionability is that duress looks to determine whether the consent was freely given, whereas the latter is founded in…
Undue Influence
Home › Contracts ›Undue Influence Undue Influence An argument of undue influence, a remedy in equity as is the plea of unconscionability, looks to the issue of the consent to…