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Duty Of Honest Contractual Performance
The duty of honest contractual performance is a contractual duty and implied term of a contract, introduced into Canadian law in 2014 as a result of the decision of the Supreme Court of Canada in the case of Bhasin v. Hrynew. As a sub-category of good faith and a duty arising at common law, contracting parties have a duty to act honestly in the performance of their contractual obligations. The Court recognised, in passing this judgement, that a new common law duty was being created: :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 further stated: :Recognizing a duty of honest performance flowing directly from the common law organizing principle of good faith is a modest, incremental step. This new duty of honest perf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duty
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or Legal liability, liability for non-performance. Performing one's duty may require some sacrifice of Self, self-interest. Cicero, an early Roman philosopher who discusses duty in his work “On Duty", suggests that duties can come from four different sources: # as a result of being a human # as a result of one's particular place in life (one's family, one's country, one's job) # as a result of one's character # as a result of one's own moral expectations for oneself The specific duties imposed by law or culture vary considerably, depending on jurisdiction, religion, and social normalities. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Implied Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Law
The legal system of Canada is Legal pluralism, pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the Napoleonic Code, French civil law system (inherited from its New France, French Empire past), and Canadian Indigenous law, Indigenous law systems developed by the various Indigenous peoples of Canada, Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Acts, British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bhasin V
Bhasin is a surname that is found among the Khatri community of India. They are a part of Khukhrain sub-caste among the Khatris which also includes the clans of Anand, Chadha, Kohli, Ghai, Sahni (Sawhney), Sethi and Suri. Kamal Shankar Srivastava writes that all Khukrains including Sabharwals were originally found near the banks of Indus and Jhelum river especially in the towns of Pind Dadan Khan, Peshawar and Nowshera. Bhasin translates to "sun". Before 1947, they were mostly concentrated in Rawalpindi district (1208 families) according to 1881 Census of India conducted by the British. A small number of Bhasin had also immigrated to Lahore city. Notable people * Anuradha Bhasin, Indian journalist, editor of ''Kashmir Times'', daughter of Ved Bhasin * Arjun Bhasin, Indian fashion designer, brother of Niharika Bhasin * Ashish Bhasin, Indian advertising executive * Harish Bhasin, appellant in the Canadian contract case law Bhasin v Hrynew * Jasmin Bhasin (born 1990), Indian ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Honesty
Honesty or truthfulness is a facet of moral character that connotes positive and virtuous attributes such as integrity, truthfulness, straightforwardness, including straightforwardness of conduct, along with the absence of lying, cheating, theft, etc. Honesty also involves being trustworthy, loyal, fair, and sincere. Honesty is valued in many ethnic and religious cultures. "Honesty is the best policy" is a proverb of Edwin Sandys (died 1629), while the quote "Honesty is the first chapter in the book of wisdom" is attributed to Thomas Jefferson, as used in a letter to Nathaniel Macon. April 30 is national Honesty Day in the United States. William Shakespeare famously described honesty as an attribute people leave behind when he wrote that "no legacy is so rich as honesty" in act 3, scene 5 of " All's Well that Ends Well."William ShakespeareAll's Well That Ends WellMIT Shakespeare. Others have noted, however, that "too much honesty might be seen as undisciplined openness". For e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Incremental
Increment or incremental may refer to: *Incrementalism, a theory (also used in politics as a synonym for gradualism) *Increment and decrement operators, the operators ++ and -- in computer programming *Incremental computing *Incremental backup, which contain only that portion that has changed since the preceding backup copy. *Increment, chess term for additional time a chess player receives on each move *Incremental games * Increment in rounding See also * * *1+1 (other) 1+1 is a mathematical expression that evaluates to: * 2 (number) (in ordinary arithmetic) * 1 (number) (in Boolean algebra with a notation where '+' denotes a logical disjunction) * 0 (number) (in Boolean algebra with a notation where '+' denotes ' ... {{Disambiguation da:Inkrementel fr:Incrémentation nl:Increment ja:インクリメント pl:Inkrementacja ru:Инкремент sr:Инкремент sv:++ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozick, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unconscionability
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an ''unconscionable'' contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, because the consideration offered is lacking, or is so obviously inadequate, that to enforce the contract would be unfair to the party seeking to escape the contract. Overview Unconscionability is determined by examining the circumstances of the parties when the contract was made, such as their bargaining power, age, and mental capacity. Other issues might include lack of choice, superior knowledge, and other obligations or circumstances surrounding the bargaining process. Unconscionable condu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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