Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword or section
Like this
16Activity
0 of .
Results for:
No results containing your search query
P. 1
DOCS-#1270489-V10-Sookman TCLG 2010 Year in Review

DOCS-#1270489-V10-Sookman TCLG 2010 Year in Review

Ratings: (0)|Views: 3,757|Likes:
Published by barry sookman

More info:

Published by: barry sookman on May 26, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PPT, PDF, TXT or read online from Scribd
See more
See less

01/24/2013

pdf

text

original

 
The Year in Review: Developments inComputer, Internet andE-Commerce Law (2009-2010)
Toronto Computer Lawyers Group
Barry B. Sookman
bsookman@mccarthy.ca416-601-7949
1270489
May 26, 2010
 
2
CONTRACTS/IT Contracts
2
 
3
Tercon Contractors Ltd. v. British Columbia,2010 SCC 4
Does fundamental breach vitiate a limitation of liability clause?“It is apparent from the decision that henceforth, parties seeking to avoidcontractual limitations of liability will have to find the clause inapplicable basedon its limited intended scope, or by pointing to some paramount considerationof public policy sufficient to override the public interest in freedom of contactthat would defeat what would otherwise be the contractual rights of theparties.”“As Duff C.J. recognized, freedom of contract will often, but not always, trumpother societal values. The residual power of a court to decline enforcementexists but, in the interest of certainty and stability of contractual relations, itwill rarely be exercised. Duff C.J. adopted the view that public policy “shouldbe invoked only in clear cases in which the harm to the public is substantiallyincontestable, and does not depend upon the idiosyncratic inferences of a fewjudicial minds” While he was referring to public policy considerations pertainingto the nature of the
entire contract
, I accept that there may be well-acceptedpublic policy considerations that relate directly to the nature of the
breach
, andthus trigger the court’s narrow jurisdiction to give relief against an exclusionclause.”
3

Activity (16)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
Sean Goodman liked this
Sean Goodman liked this
brad10023 liked this
Anna Sosis liked this
Leo Landicho liked this
barry sookman liked this
dougalclark liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->