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Contracts

SCC Decision: January 23, 2009

Research articles : 

Shafron v. KRG Insurance Brokers (Western) Inc., 2009 SCC 6
Click here to link to the full judgment.
(Contracts / Employment)

SCC Decision: December 20, 2007

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Research articles : 

Jedfro Investments (U.S.A.) Ltd. v. Jacyk, 2007 SCC 55
Click here to link to the full judgment.
(Contracts / Enforcement / Breach)

Transferring liability for negligence in commercial contracts: the Canada Steamship test

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.

 
Summary

Part performance by part payment: when will the part payment be recoverable by the defaulting party?

Research articles : 
Michael Dew is a Vancouver lawyer who practices in all areas of civil litigation (including ICBC cases). Click here for contact information and further details about Michael’s practice.
 
Introduction
Under the “entire contract rule”, a party to a contract who performs only part of their obligations is not entitled to any payment, and the work done in part performance is forfeited. But what about a party who makes a part payment under a contract and then decides they would rather not go ahead with the rest of the contract, and wants their part payment back? This article considers the circumstances in which part payments will be recoverable, and those in which they will not.
 
The entire contract rule
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