Sentences with phrase «applies general contract law»

Smith added that the outcome may also turn on how the New York judge applies general contract law rules requiring parties to act in good faith.

Not exact matches

The SCC's decision is based in part on Quebec contract laws that don't apply elsewhere in Canada, but also on general legal principles that do:

He also successfully acted for cruise operator Costa Crociere, convincing a CIETAC panel to adopt general principles of international contract law instead of applying domestic or foreign law.

Moreover, the Supreme Court of Canada recently held in Bhasin v. Hrynew, 2014 SCC 71 that «It is appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual obligations.»

The court also referred to a unanimous judgment from the Supreme Court of Canada (SCC), in which the SCC recognized a general organizing principle of good faith contractual performance — i.e., that there is a common law duty which applies to all contracts to act honestly in the performance of contractual obligations.

With respect to i), the Court applied the general rule of contract law is that a contract is made in the location where the offeror receives notification of the offeree's acceptance.

General contract law applies to separation agreements — they should be signed without coercion, duress, and other factors apply.

The general principles of contract law apply to employment contracts, but their application has been modified by the courts in recognition of the special nature of employment relationships, which can change over time.

Because the duty of honesty in contractual performance is a general doctrine of contract law that applies to all contracts, like unconscionability, the parties are not free to exclude it.

Perhaps the most common mistake or misconception for both employers and employees is to believe that employment contracts are either completely different to other types of contracts or to believe that the same principles apply in all respects with employment contract law as general contract law.

The franchise lawyer needs to apply provincial franchise law (in Ontario, the Arthur Wishart Act (Franchise Disclosure), 2000), and general contract principles under Canadian common law.

First, the notion of «equity» applied in Quebec law is equity in its general sense and is connected to concerns for «fairness in contract.»