Not So Common Law
Duty of Honesty in Contracts
The Supreme Court of Canada has imposed a new duty of honesty in contractual performance that requires all contracting parties to act honestly toward each other in performing the contract. Wait. What?! Does this mean that there wasn’t a duty to act honestly in making and performing contracts before? That the law permitted contracting parties to lie or intentionally mislead each other regarding the performance of their contract?
Find out at the next session of Not So Common Law.
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