Contract

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NOTES

Contract is a central topic in our common law legal system. Many free-standing substantial legal topics in this website are contract-based [eg. business topics such as insurance, franchise and sale of goods), landlord and tenant (both commercial and residential), employment, private international law and more]. It's most closely related to the civil causes of action of tort and restitution (which see at the sidebar).

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SUBJECTS

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ADHESION CONTRACTS
Contract Cases - Adhesion Contracts

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AGREEMENTS TO AGREE
Contract Cases - Agreements to Agree

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ALTERNATIVE DISPUTE RESOLUTION CLAUSE
Contract Cases - Alternative Dispute Resolution (ADR)

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ANNULMENT CLAUSE
Contract Cases - Annulment Clause

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AMENDMENT
Contract Cases - Amendment

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ANTICIPATORY REPUDIATION
Contract Cases - Anticipatory Repudiation (+)

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APPEAL
Contract Cases - Appeal - Standard of Review (+)

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ARBITRATION CLAUSE
Contract Cases - Arbitration

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ASSIGNMENT CLAUSE
Contract Cases - Assignment

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BARTER
Contract Cases - Barter

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COLLECTIVE AGREEMENTS
Contract Cases - Collective Agreements

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CONDITIONS
Contract Cases - Conditions

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CONSIDERATION
Contract Cases - Consideration

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CONTRIBUTORY FAULT
Contract Cases - Contributory Fault

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COURT-ORDERED CLAUSES
Contract Cases - Terms Conditional on Court Order

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DEBT CONTRACTS
Contract Cases - Debt Contracts

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DEPOSITS
Contract Cases - Deposits (+)

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DISCLAIMERS
Contract Cases - Disclaimers

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DISCRETIONARY TERMS CLAUSE
Contract Cases - Discretionary Terms
Contract Cases - Interpretation - Contractual Discretion

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DURESS
Contract Cases - Duress

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DUTIES, OF GOOD FAITH AND HONESTY
Contract Cases - Duties of Good Faith and Honesty (+)

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ELECTIONS
Contract Cases - Elections

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EMPLOYMENT AND RELATED
Contract Cases - Employment
Contract Cases - Employee v Independent Contractor

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ENTIRE AGREEMENT CLAUSE
Contract Cases - Entire Agreement Clause

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EVIDENCE
Contract Cases - Evidence

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FAIRNESS
Contract Cases - A Duty of Fairness?

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FORCE MAJEURE CLAUSE
Contract Cases - Force Majeure

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FUNDAMENTAL BREACH
Contract Cases - Fundamental Breach

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GUARANTEES
Contract Cases - Guarantees (+)

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FORMATION
Contract Cases - Formation

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FRUSTRATION
Contract Cases - Frustration
FCA 1-3

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ILLEGALITY AND SEVERANCE
Contract Cases - Illegality and Severance (+)

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INTERPRETATION OF CONTRACTS

[re-do below: /general and /sattva distinguish stat interpretation v contract interpretation, and appellate SOR]

General
Contract Cases - Interpretation - Basics (+)
Sattva
Contract Cases - Interpretation - Sattva (+)

Principles
Contract Cases - Interpretation - Contextual
Contract Cases - Interpretation - Ambiguity
Contract Cases - Interpretation - Contra Proferentum
Contract Cases - Interpretation - Objective Factors Only
Contract Cases - Interpretation - Commercial Principles
Contract Cases - Interpretation - Read Wholistically
Contract Cases - Interpretation - Officious Bystander
Contract Cases - Interpretation - Presumption of Consistent Expression

Specific Factors
Contract Cases - Interpretation - Pre-Contract Negotiation
Contract Cases - Interpretation - Inconsistent Terms
Contract Cases - Interpretation - Priority of Terms Reconciliation
Contract Cases - Interpretation - Post-Execution Conduct

Specific Situations
Contract Cases - Interpretation - Multiple Related Contracts
Contract Cases - Interpretation - Oral Contracts
Contract Cases - Interpretation - Corporate Documents

Evidence
Contract Cases - Interpretation - Parole Evidence (Extrinsic Evidence)

Remedies
Contract Cases - Interpretation - Implied Terms

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IRREVOCABLE DIRECTION CLAUSE
Contract Cases - Irrevocable Direction

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JOINT VENTURE
Contract Cases - Joint Venture

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LIABILITY ALLOCATION
Contract Cases - Liability Allocation

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MEANING OF SPECIFIC CONTRACT TERMS
Contract Cases - Specific Term - "Final and Binding"
Contract Cases - Specific Term - "Warranty"
Contract Cases - Specific Term - "Condition"
Contract Cases - Specific Term - "Profit"
Contract Cases - Specific Term - "Sufficiently Given"

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MISTAKE AND RECTIFICATION
Contract Cases - Mistake and Rectification (+) [see also: Equity - Rectification]

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NON-ARM'S LENGTH
Contract Cases - Non-Arm's Length

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OFFERS
Contract Cases - Offers

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OPTION CLAUSE
Contract Cases - Options

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PENALTY CLAUSE
Contract Cases - Penalty Clauses

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PERPETUITIES
Contract Cases - Perpetuities

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PRIVITY
Contract Cases - Privity

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RELIEF FROM FORFEITURE
Relief from Forfeiture [cross-linked from 'Relief from Forfeiture']

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REMEDIES
Contract Cases - Disgorgement
Contract Cases - Specific Performance
Contract Cases - Damages
Most damage cases for contract are located at the general Damages sidebar topics.

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RESCISSION
Contract Cases - Rescission

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RESTRAINT OF TRADE
Contract Cases - Restraint of Trade (+)

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RIGHT OF FIRST REFUSAL CLAUSE
Contract Cases - Right of First Refusal

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SALE OF GOODS
Contract Cases - Sale of Goods (+)

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SETTLEMENTS AND RELEASES
Contract Cases - Settlements and Releases (+)

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SHAM CONTRACTS
Contract Cases - Sham Contracts

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STIPULATED REMEDY CLAUSE
Contract Cases - 'Stipulated Remedy Clause'

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STATUTES, CONTRACTING OUT OF
Contract Cases - Contracting Out of Statutes

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STATUTES OF FRAUDS
Contract Cases - Statute of Frauds

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SUCCESSOR CLAUSES
Contract Cases - Successor Clauses

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TENDERING
Contract Cases - Tender (Bidding)
Contract Cases - Tender (Performance)

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TILDEN v CLENDENNING
Contract Cases - Tilden v Clendenning

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TIME
Contract Cases - Interpretation - Time
Contract Cases - Time is of the Essence
Contract Cases - Interpretation - 'Time Speaking'

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TORT, SUING CONCURRENTLY
Contract Cases - Suing in Contract and Tort Concurrently

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UNCONSCIONABILITY
Contract Cases - Unconscionability (+) [the Unconscionable Transactions Relief Act (UTRA) specifically addresses unconscionability and loans: see the 'Consumer' topic]

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UNDERTAKINGS
Contract Cases - Undertakings

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UNILATERAL v BILATERAL CONTRACTS
Contract Cases - Unilateral versus Bilateral

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VESTED STATUTORY RIGHTS
Contract Cases - Vested Statutory Rights

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WAIVER
Contract Cases - Waiver

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HOME STATUTES

For website planning purposes, all proclaimed statutes (both Ontario and Federal) are 'home-located' with a single topic, the below statutes are the 'home statutes' for the Contract topic.

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Ontario

Frustrated Contracts Act [fully subject allocated 22 May 2025]
International Sales Conventions Act
Sale of Goods Act
Statute of Frauds

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SIMON'S POLITICS and CONTRACT

	CAUTION Everything on this next link is my personal politics, not law. Simon's Politics and Contract

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CONTRACT - WORKING

. need to statreg-split (locally and foreign) all the home statutes