Download This PaperEquitable Remedies for Contractual Breach
Paper given at the Canadian National Judicial Institute Civil law Seminar – Contracts, Conflicts and Remedies: A “Supreme” Update”, (Moncton, NB, May 2-4, 2012)
18 Pages Posted: 14 Jan 2019
Date Written: May 2, 2012
Abstract
I have been asked to provide an update on equitable remedies for breach of contract. Obviously, the dominant equitable remedy concerning breach of contract is specific performance; and in what follows I have focused upon that remedy. In addition, I have provided commentary on two related topics; one, the enforcement of keep open clauses; and two, the treatment of remedy stipulation clauses. I have not covered the enforcement of contracts by injunction. This presentation has come at an opportune time; as I am currently writing the second edition of my text on Equitable Remedies (Irwin Law) some of this material is drawn from those labours.
Keywords: Equitable Remedies, Specific Performance, Keep Open Clauses, Remedy Stipulation Clauses
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