The Canadian Law of Obligations: Private Law for the 21st Century and Beyond
ebook ∣ Volume 1
By Margaret Isabel Hall
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The book is first in The Canadian Law of Obligations series along with The Canadian Law of Obligations: Access to Justice (2020).
This collection includes 12 papers developed out of a conference held in 2017 ("The Canadian Law of Obligations: Innovations, Innovators and the Next 20 Years") together with a Foreword by The Honourable Justice Russell Brown. The papers included in this collection examine emerging issues, themes, and controversies within the Canadian Law of Obligations and provide diverse perspectives about a range of subjects including the limits and potential development of public authority liability, affirmative duties and omissions, the role of rights in private law, the protection of privacy, good faith, and causation in contract and tort. The collected papers revisit seminal cases together with recent legal developments, and explore the potential for new approaches to old problems.
This volume is dedicated to the late Justice Allen Linden, Q.C.
Features
The Collection of Papers1. Foreword – Justice Russell Brown
PART I - THE PRIVATE LAW RESPONSE TO PUBLIC WRONGS: PUBLIC AUTHORITY LIABILITY
2. Establishing Proximity in the Context of Public Authority Liability - Prof. Lewis Klar
3. Bungled Police Emergency Calls and the Problems with Unique Public Duties of Care - Prof. Bruce Feldthusen
4. False Imprisonment in the Administrative Segregation Context - Prof. Efrat Arbel
5. Systemic Wrongdoing and the Liability of Public Authorities in Tort Law: Two Case Studies - Prof. Margaret I. Hall & Aliya Chouinard, JD
PART II - AFFIRMATIVE DUTIES AND LIABILITY FOR OMISSION
6. Explaining Canada's Penchant for Affirmative Duties of Care - Prof. Erika Chamberlain
7. Negligence Liability for Police Omissions in Canada: A Golden Mean? - Prof. Alistair Price
PART III - SITUATING RIGHTS IN PRIVATE LAW: TWO PERSPECTIVES
8. Rights and Tort Law: Respecting Children's Decisional Autonomy for Medical Interventions - Prof. Elizabeth Adjin –Tettey
9. Disabusing the Common Law of "Abuse of Rights" - Prof. Bruce Pardy
PART III - PROTECTING PRIVACY IN THE 21ST CENTURY
10. Don't Tell Me What the Papers Say: Privacy Injunctions in the Internet Age - Samuel Beswick, JD & William Fotherby
11. Canada's Statutory Privacy Torts in Commonwealth Perspective - Prof. Chris Hunt
PART IV - CAUSATION
12. Causation in Contract and Tort - Prof. Joost Blom
PART V - ISSUES IN CONTRACT: GOOD FAITH
13. Canada's New Good Faith: Between Public and Private - John Enman-Beech, JD
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