Instructor(s): Geoff Hall
Prerequisites
Contract Law A; Contract Law B; Contract Law C; Contract Law D; First Year: Contract Law; First Year: Contracts

For graduate students, the course number is LAW2001HS.

In the real world of law practice and in the courts, by far the most important aspect of contract law is contractual interpretation. Disputes over the meaning of contracts are pervasive and often quite intractable. Yet contractual interpretation is not a central focus of most contract law courses, and legal literature on the topic is relatively underdeveloped.

The purpose of this course is to provide a comprehensive overview of this important area of the law, using primarily a case study method. The course will examine eight fundamental precepts of contractual interpretation (including the factual matrix, commercial efficacy, and the organizing principle of good faith), the interpretation of certain specialized types of contracts (such as employment contracts and consumer contracts), implied terms, rectification, and recent controversies in the law of contractual interpretation. The course will also undertake a comparison between contractual interpretation and other types of legal interpretation, in particular statutory interpretation, constitutional interpretation, and interpretation of modern Aboriginal treaties.

Evaluation
At the students option, either a research paper of 6,000 7,500 words on a subject approved by the instructor or a two-hour open book examination. Note: The default mode of evaluation for this course is the examination. Students who plan to write a paper must have topic approval from the instructor and notify the Records Office by March 1.

At a Glance

Second Term
Credits
3
Hours
2

Enrolment

Maximum
44
41 JD
3 LLM/SJD/MSL/NDEGS/SJD U

Schedule

Th: 8:30 - 10:20