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Publisher:Crane Library, 2015
Details:
- Author: McCamus, John D.Date:Issued2010Summary:
This book examines the legal framework for secured credit set out in the Personal Property Security Act. First proclaimed by Ontario in 1976, the PPSA is in force today in all nine common law provinces and the three federal territories. The book provides a thorough survey of the legislation and case law from all Canadian jurisdictions with expert commentary by three of Canada's leading authorities in the field. It offers detailed analysis of the differences between the Ontario Act and the other provincial and territorial regimes on an issue by issue basis.
Contents:- 1. Introduction
- PART I. FORMATION
- 2. Offer and Acceptance
- 3. Certainty of Terms
- 4. Intention to Create Legal Relations
- 5. Bargaining in Good Faith
- 6. Agreements in Writing
- PART II. ENFORCEABILITY
- 7. Consideration and Form
- 8. Waiver and Promissory Estoppel
- 9. Privity of Contract
- PART III. VITIATING FACTORS
- 10. Misrepresentation
- 11. Duress, Undue Influence and Unconscionability
- 12. Illegality
- 13. Mistake
- 14. Frustration
- PART IV. PERFORMANCE AND BREACH
- 15. Conditions, Warranties and Repudiatory Breach
- 16. Anticipatory Repudiation
- 17. Conditional Agreements
- 18. Representation and Warranty
- PART V. INTERPRETATION OF AGREEMENTS
- 19. General Principles of Interpretation
- 20. Exculpatory Clauses
- 21. The Implied Duty to Perform in Good Faith
- PART VI. REMEDIES
- 22. Damages
- 23. Specific Performance and Injunctions
- 24. Restitution and Disgorgement
- Table of Cases
- Index
- About the Author.
Original Publisher: Toronto : Irwin Law, 2005Language(s): English