Published In
Supreme Court Law Review
Document Type
Article
Publication Date
8-17-2022
Subjects
Supreme Court, Contract Law, Fairness, Canada
Abstract
This article analyzes important developments in Contract Law stemming from consideration by the Supreme Court of Canada in 2020-2021. Due to the large number of Contracts cases during this period, the article focuses on prominent appeals occupied with issues of fairness in Canadian Contract Law. Fairness in contracts emerges as an important concern of the SCC at this juncture. This appropriately reflects the constellation of some long-unsolved problems (e.g., control of unfair terms in standard form contracts), confusion around key concepts associated with protection of contractual fairness (e.g., unconscionability and good faith), and judicial disagreement over the merits of general versus context-specific approaches to policing fairness in contracts (e.g., unconscionability versus public policy, and whether to consolidate or differentiate how the concepts of unconscionability and good faith apply to different contexts falling within each’s overall jurisdiction).
Citation Details
Marcus Moore, "Developments in Contract Law: The 2020-2021 Term – Appeals to Fairness" (2022) 106 Sup. Ct. L. Rev. (2d) 3.