Preface to the first edition

• Author: John D. McCamus
• Pages: 23-26

xxiii

PR EFACE

to the First Edition

The main objective of the present work is to provide an accurate ac-

count of the principles and doctrines of the law of contracts as it is

currently understood and practised in the common law province s of

Canada. Perhaps unavoidably, this study ma nifests the usual “coloni-

al parochial” style of such works that, i n jurisdictions of the British

Commonwealth, are written on the as sumption that the doctrine of

the jurisdiction in question is constituted by an amalgam of leading

English authorities as modif‌ied, to a g reater or lesser extent, by lo-

cal authority, an amalgam in which t he former source is the dominant

presence. For some decades, however, the Supreme Court of Canada,

in particular, has charted an independent course in matters of private

law, and it is possible to identify several aspect s of the Canadian com-

mon law of contracts that di stinguish it from the contract law of other

common law jurisdict ions. The Canadian embrace of punitive dam-

ages for pure breach of contract is only the most recent illustration of

this phenomenon. For obvious reasons, I have attempted to portray

here all developments of this kind. The reader will also f‌ind, however,

references to decisions and other sources from other Commonwealth

juris dictions and from t he United St ates. In addition to expos ition,

however, I have taken seriously the boast of the common law that one

of the pillars of its streng th is its adaptability to changing soc ial and

economic circumstances and its ability to reformulate doctr ine in the

light of evolving professional attitudes and insights as to how the law

can be improved. Thus, I have not hesitated to offer criticism of current

doctrine where it seems war ranted and to offer suggestions for future

growth and development of the Canadian common law of contracts. In

an early conversation with Ian M acneil, when I explained my na ively

ambitious plan to write a t reatise on the law of re stitution as my f‌irst