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.

This section of this course is offered on campus, for students who can attend in person. This course will meet once a week in-person. In order to safeguard the health and safety of students, there is a possibility that all sections of this class will convert to a remote format for all or part of the term. To enrol in this course all students must meet or exceed the tech requirements for enrolment in University of Toronto courses, which can be found here [https://www.viceprovoststudents.utoronto.ca/students/tech-requirements-online-learning/]

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
Students will write a four hour take-home examination.
Academic year
2020 - 2021

At a Glance

First Term
Credits
3
Hours
2

Enrolment

Maximum
44

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

Schedule

W: 5:00 - 6:30 pm (in-class)