Chapter 1: Introduction
PART ONE: FORMATION
Chapter 2: Offer and Acceptance
Chapter 3: Certainty of Terms
Chapter 4: Intention to Create Legal Relations
Chapter 5: Bargaining in Good Faith
Chapter 6: Agreements in Writing
PART TWO: ENFORCEABILITY
Chapter 7: Consideration and Form
Chapter 8: Waiver and Promissory Estoppel
Chapter 9: Privity of Contract
PART THREE: VITIATING FACTORS
Chapter 10: Misrepresentation
Chapter 11: Duress, Undue Influence, and Unconscionability
Chapter 12: Illegality
Chapter 13: Mistake
Chapter 14: Frustration
PART FOUR: PERFORMANCE AND BREACH
Chapter 15: Conditions, Warranties, and Repudiatory Breach
Chapter 16: Anticipatory Repudiation
Chapter 17: Conditional Agreements
Chapter 18: Representation and Warranty
PART FIVE: INTERPRETATION OF AGREEMENTS
Chapter 19: General Principles of Interpretation
Chapter 20: Exculpatory Clauses
Chapter 21: The Duty to Perform in Good Faith
PART SIX: REMEDIES
Chapter 22: Damages
Chapter 23: Specific Performance and Injunctions
Chapter 24: Restitution and Disgorgement
Part One - Introduction
Chapter 1 - Historical Background
Chapter 2 - A Canadian Law of Resitution
Chapter 3 - General Principles
Part Two - Remedies
Chapter 4 - Common Law Remedies
Chapter 5 - Equitable Remedies
Chapter 6 - Tracing at Law
Chapter 7 - Tracing in Equity
Chapter 8 - Subrogation
Chapter 9 - Contribution and Indemnity
Part Three - The Right to Restitution
Topic I - Mistake
Chapter 10 - Money Paid Under a Mistake of Fact
Chapter 11 - Money Paid Under a Mistake of Law
Chapter 12 - Other Benefits Conferred by Mistake
Topic II - Ineffective Transactions
Chapter 13 - Informality
Chapter 14 - Incapacity
Chapter 15 - Illegality
Chapter 16 - Want of Authority
Chapter 17 - Mistake, Misunderstanding and Uncertainty
Chapter 18 - Frustration
Chapter 19 - Discharge for Breach
Chapter 20 - Misrepresentation
Chapter 21 - Contracts and Gifts Which Do Not Materialize
Topic III - Public Authorities
Chapter 22 - Restitution from Public Authorities
Topic IV - Profit From Wrongdoing
Chapter 23 - Criminal and Quasi-Criminal Acts
Chapter 24 - Waiver of Tort
Chapter 25 - Breach of Contract
Chapter 26 - Compulsion
Chapter 27 - Breach of Fiduciary Duty
Chapter 28 - Breach of Confidence
Chapter 29 - Unconscionable transactions
Chapter 30 - Other Equitable Wrongdoing
Topic V - Officiousness
Chapter 31 - Necessitous Intervention: The Altruistic Intermeddler
Chapter 32 - Compulsory Discharge of Another's Liability
Chapter 33 The Self-Serving Intermeddler
Topic VI - Pettkus v. Becker and It's Progeny
Chapter 34 - Property Disputes Between Cohabitants
Topic VII - Benefits Acquired from Third Parties
Chapter 35 - Restitution of Benefits Conferred Upon the Defendant by a Third Party
Chapter 36 - Benefits Wrongfully Acquired by a Third Party Before Transfer to the Defendant
Notes
Includes table of cases, table of statutes and index.
Includes bibliographical references.
Originally co-authored by Peter D. Maddaugh
