It is commonly believed that the general rule is that damages for breach of contract are compensatory not restitutionary.2 So, the damages are measured by the loss to the plaintiff not by the gain to the defendant.3 However, there are many academic writings which have advocated that restitutionary damages should be available as general default rule in breach of contract, because it is able to provide adequate remedy to plaintiff when compensatory damages are inadequate. The A-G vs. Blake4 is the remarkable case which embodied by Hendrix5 case, posits the general restitutionary remedy. Blake has challenged the traditional approach of damages and signaled a trend of establishing restitutionary damages. The proponents of this point always purport 'the interests of justice' for plaintiff,6 ...
... administration - SAAQ entering into contract with mechanical inspection centre to carry out, on...
PWGSC decided to award the contract to another pre-qualified proponent, Westeinde Construction Limited, and Olympic and its team lost out. For reasons that are not clear in the subsequent court decisions, Olympic decided to attack Westeinde's proposal as being non-compliant. Had Westeinde been disqualified, Olympic would have been awarded the project. Olympic sued PWGSC for damages for the lost opportunity. Prior to the trial of the lawsuit, PWGSC settled Olympic's claim and Olympic discontinued its action. The other members of Olympic's team did not settle but rather chose to continue on to trial where they advanced two arguments against PWGSC. The first was based on contract law and the second in tort law. The trial judge dismissed that argument, deciding that Contract A had arisen on...
Important lines of inquiry include the judgment's likely effect on judicial review of separation agreements and the extent to which it signals a retrenchment from the Supreme Court's comfort with private ordering in the family setting.2 Bracketing those inquiries, this paper argues that Rick merits careful study on account of the Court's approach to the relationships between statutory family law and the general private law, on one hand, and federal and provincial law, on the other. The second part draws out what appears to be confusion, in Rick, about the Supreme Court's judgment in Miglin v. Miglin3 and its relation to the doctrine of unconscionability.4 Puzzlingly, the Court in Rick read the earlier judgment as a modification of the common law of contract for the spousal setting, ins...
The Labor Law and EmploymentEmployment contract Law stipulate that employees can terminate all contracts of employment through an advance notice; labor administrative department provides that the contracts terminated by employees through an advance notice are limited to non-fixed term employment contracts; the administrative departments of some special industries formulate that employees are not entitled to terminate the employment contracts through an advance notice. The conflicts and contradictions among legal norms not only do harm to the unity of law, but also damage the employers' gains on long-term investments and the stability of employment relationship. A series of measurement need to be taken to solve these problems, including restricting the range of application of fixed-term ...
To recap Loewen Group's story: Steinbach's Ray Loewen turned a family-owned funeral chapel into the second-largest funeral conglomerate in the world, totalling 1,115 chapels; his acquisitions in the 1980s and 90s were mom-and-pop funeral homes with family-succession issues; then a breach-of-contract lawsuit on an $8-million acquisition in Mississippi saw Loewen Group ordered to pay a US$500 million award in what one scribe called "a kangaroo court that went out of control" (the plaintiff's lawyer presented the case as a predatory Canadian Goliath versus a good ol' American mom-and-pop business, to a jury with no background in contract law; the case would have been decided by a judge in Canada). Ray Loewen's standard practice was to keep a funeral home's family name but immediately boost...
Contract according to Syariah Law can be defined as being "an expression of the matching between a positive proposal made by one of the contractors and the acceptance of the other contractor in a way which has an impact on the subject of the contract"3. There are standard requirements provides by the law in order to constitute a valid binding contract namely offer, acceptance, consideration, and intention to create legal relation. This requirement is more or less the same with the Islamic 'aqad' however it comes together with the package the prohibition of any element of uncertainty, interest, etc to make sure it complies with the syariah standard. Most of the conventional contract has ignored few aspects of the Islamic contract such as non-spot in the exchange of ribawi item, unjustifi...
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