Construction Contract Law
Waltons Stores (Interstate) Ltd. v. Maher
Facts:
• Negotiating towards a lease
• Waltons leads the prospective landlord to believe that there will be a lease.
• As such, the landlord does what they have to do get the new building up on time for Waltons
• New building 40% completed when Waltons walked away.
• Landlord sues, alleging in effect […]
Contract Law Reliance
Mitigation
• The victims of a broken contract must act reasonably to mitigate their losses.
• This will reduce the damages that the D will have to pay in the case of a law suit.
o From Chicoutimi, a victorious P is to get their expectations.
• So in the case of a broken employment contract, the expectation would […]
Importance of Contract Law
Remoteness
• A great many reactions can be construed to have spawned from a single action.
• The question is how many of these reactions are worthy of being compensated as the result of a broken contract
• Out of necessity, many contract plaintiffs will be under-compensated.
o Example. Page 48.
• 2 questions: Practicality & Policy
o the law says […]
Contract Law Terms and Conditions
Damages
• When discussing non-pecuniary damages (pain and suffering; loss of state of mind; etc.) law tends to view these heads of loss with suspicion.
o Though jurisprudence says we will compensate for these, it awards these damages somewhat… begrudgingly.
• Addis v. Gramaphone Co. – page 99 held that an employee that had been wrongfull dismissed was […]
Contract Law Consideration
This is the second class. Last week’s class was replaced by visit to N.B. C.A.
Remedies: Review from last day
• Principle remedy for a broken contract is a money-remedy – damages
o Again, do not confuse damages with damage. Damage is the injury. Damages is a technical term for the money remedy awarded by courts.
• The traditional […]










