Contract Law

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Archive for the Category "Contract Law" « Older Entries Tercon decision coming tomorrow by Shaunna Mireau on February 11th, 2010 I dislike waiting. Someone doing a word association test would never blurt my name as a response if the word “patience” was provided. Lucky for me, tomorrow ends the wait for the Supreme Court of Canada’s decision in Tercon Contractors Ltd. v. Her Majesty the Queen in Right of the Province of British Columbia [...] Posted in Access to Legal Information, British Columbia, Canada, Contract Law \| 3 Comments »> Twilight Saga: The Documentary Wars by Jeanette Lee on February 10th, 2010 The war of the Twilight documentary films is on, and producers who shop their film concepts around to distributors may be thinking twice about what more they can do to protect their hatchling ideas. It has been reported that Summit Entertainment LLC has filed a complaint against Topics Entertainment, Inc. in the U.S. District Court [...] Posted in Contract Law, Copyright Law, Intellectual Property Law, Trademark Law, United States \| No Comments »> Which hat do you wear? by Mark Lewis on January 15th, 2010 Personally, I’m on a campaign to bring the fedora back in style but if you are an NFL fan you might choose to wear a baseball style hat with your favourite team’s logo prominently displayed (hey, it’s January 15 it’s about time for me to make a post relative to sports). If you [...] Posted in Canada, Contract Law, Interpretation, Judicial Decisions, Labour Law, United States \| No Comments »> The more things change / plus ça change by David Cheifetz on December 18th, 2009 [Warning: The following missive contains attempts at humour. Reader discretion is advised.] In the early part of the last century, one could find judges railing about “scholastic theories” of this and that. What this and that was doesn’t matter. “Scholastic” was not used as a compliment. In the mid part and last part of the century, the [...] Posted in Canada, Continuing Education - Lawyers, Contract Law \| No Comments »> Is a Printed Document Defective in Law? by John Gregory on December 11th, 2009 Dominic Jaar has an interesting article in the droit-inc blog (en français) suggesting that a printed document may have less legal impact than the electronic original, because the printout does not reproduce all the information in the original, notably not the metadata. And these days, pretty well all documents start in electronic form, in a [...] Posted in Contract Law, Document Management, Drafting, Internet Law, Interpretation, Québec, ulc_ecomm_list \| 1 Comment »> Clearing the Ice by Simon Fodden on November 19th, 2009 As good as November has been to us here in Toronto, things will inevitably take a turn for the worse (I don’t ski), usually in the forms of snow and ice. And that, in turn, has us soon thinking of another aspect of Winter Law: the matter of slippery stuff on the sidewalk and the [...] Posted in Contract Law, Ontario, Property Law, Torts \| 6 Comments »> Shakira: Illegal Downloads a “Democratisation of Music” by Omar Ha-Redeye on October 20th, 2009 It’s not often I end up on Perez Hilton, but thanks to Twitter I was pointed to this story where Shakira Ripoll (aka Shakira) seems to encourage her fans to download her songs illegally, I like what’s going on because I feel closer to the fans and the people who appreciate the music. It’s the democratisation [...] Posted in Contract Law, Copyright Law, Intellectual Property Law \| No Comments »> Checking the Age of Online Purchasers by John Gregory on October 16th, 2009 There is a private member’s bill before the House of Lords in Britain — Online Purchasing of Goods and Services (Age Verification) Bill [HL] 2008-09 — to require online retailers to verify the age of people buying goods whose purchase is restricted by age, e.g. liquor or cigarettes. It is described here. Some scepticism has [...] Posted in Contract Law, Internet Law, United Kingdom, ulc_ecomm_list \| No Comments »> Reclaiming Contract Law – Cell Phone Association’s New Code of Conduct by Annette Demers on September 2nd, 2009 Hallelujah! Can it be true? I have been arguing for years that all of these standard form contracts that are being forced upon us in the 21st century – are about as far from being “offer + acceptance + consideration” as one can get! First, they force the whole contract on you – [...] Posted in Access to Legal Information, Contract Law \| No Comments »> Be Careful When Drafting Termination Clauses by Michael Fitzgibbon on August 24th, 2009 That’s the lesson from a recent Ontario Superior Court case.    The plaintiff was hired by the defendant on November 28, 2005 for the position of full-time receptionist and was promoted to the position of Executive Assistant in 2008 at an annual salary of $36,000. Her employment was terminated on November 28, 2008 at which time [...] Posted in Contract Law, Employment Law, Firm Guest Blogger \| No Comments »> “Charon QC” Posts Contract Text by Simon Fodden on August 4th, 2009 Charon QC, the UK’s one-man blogging, podcasting and ‘zine publishing machine, has put a contract text online and made it available for free. Properly Mike Semple Piggot, he has taught contract law over the past 25 years at BPP Law School, an institution that he helped found. His text is, as he says, more of [...] Posted in Contract Law, Law Professors, Legal Education, Online Research Sources, Open Access, United Kingdom \| 5 Comments »> New TOROG Document by Simon Fodden on July 22nd, 2009 As I hope everyone knows, TOROG — the Toronto Opinions Group — kindly allows Slaw to publish some of their memos and precedents on third party opinions. A new document has just been added to the collection: “Limitations Act, 2002 (Ontario) – Proposals for Improving Contract Drafting and Appropriate Opinion Qualification Practice – June, 2009,” [...] Posted in Continuing Education - Lawyers, Contract Law, Ontario, Open Access \| No Comments »> Technology and Drafting Contracts by Simon Fodden on July 16th, 2009 There’s a piece in the current Lawyers Weekly, “Commodification of contract drafting,” about some of the work that U.S. lawyer Ken Adams does. (The whole piece is on Adams’ site, page 1 and page 2, or here in a single page.) Much of the article deals with the obvious, such as the need for precision [...] Posted in Contract Law, Drafting, Legal Services \| 4 Comments »> Consumer Advocacy by YouTube – United Breaks Guitars by David Canton on July 9th, 2009 Frustrated consumers and lawyers alike often threaten to take complaints to the press in an attempt to get satisfaction for an alleged wrong. After all, the “headline risk” of being perceived in a bad light by the public can sometimes be a sobering reality check on whether the entity is not treating a [...] Posted in Business, Contract Law, Impact of IT, Visualization of Information \| 1 Comment »> Domain Names as Property (Again) by John Gregory on June 24th, 2009 Slaw has discussed a couple of times [* *] whether domain names are property of any kind, including property that can be seized to satisfy creditors. The California Court of Appeal — Palacio del Mar Homeowners Assn., Inc. v. McMahon, Cal.Rptr.3d 2009 WL 1668294 (Cal. App. 4 Dist. June 16, 2009) [PDF] — has recently [...] Posted in Canada, Contract Law, Insolvency, Internet Law, United States, ulc_ecomm_list \| No Comments »> « Older Entries		Special Projects [ TOROG memos – mapping lawyers] Recent Comments Slaw Linkblog Follow Slaw [ on a mobile – via rss – via email – on twitter ] SlawNET Member Login This week's column is on: Rise Up! Your Dreams Lead the Way by Allison WolfAllison Wolf, President of Shift Works Strategic, is a certified executive coach with a focus on helping legal professionals reach their fullest potential. Allison has supported her clients in achieving success in a number of areas including: developing powerful rainmaking skills, launching profitable new practice areas and revitalising burned-out practices. Allison has helped clients with successful transitions to new law firms, new practice areas and new careers. [click on the author's name to go to email and web page links] March 8, 2010 Watching Canada win gold in men’s hockey and landing our nation the Olympic record for most gold medals won by any country in winter sports was an unforgettable experience. The national celebration and the pride and the joy we are all experiencing at being Canadian is something to savor. “Own the Podium” – never liked [...] READ: this column other columns on Rise Up! past columns on all topics TOROG memos and precedents Documents from the Toronto Opinions Group on third-party opinions. Mapping Canadian Lawyers A cooperative project to locate Canadian lawyers on a Google map. Connie Crosby on Morrison Foerster Moves Library to Marketing Department Verna Milner on Computerized legal research costs John Steele on Lawyers and Their Clients’ Values John N. Davis on Lawyers and Their Clients’ Values John on Legal Drafting for Every Eventuality Meghan on Morrison Foerster Moves Library to Marketing Department John G on Lawyers and Their Clients’ Values Gary P. Rodrigues on Computerized legal research costs Steven Matthews on Yosie Saint-Cyr Connie Crosby on May Law Blogs Be Ghostwritten? Connie Crosby on Yosie Saint-Cyr Jameela on Lawyers and Their Clients’ Values Victoria on May Law Blogs Be Ghostwritten? Ted Tjaden on Computerized legal research costs Dan Michaluk on Yosie Saint-Cyr Simon Singh: This is goodbye \| Science \| guardian.co.uk Being sued for libel is not only ruinously expensive, writes Simon Singh, it takes over your whole life. Which is why this will be his last column Who gets your passwords when you die? \| The Gazette (Montreal) Montrealer Adele McAlear has been studying the issue of digital legacy for several years. She says some websites have cropped up to offer services as digital executors, but few people seem to take advantage of them. Several lawyers have also added digital assets to the process of estate planning. Macmillan Stacking Sandbags Against e-Book Flood \| GigaOM Mathew Ingram explains the new agency book pricing model being adopted my publisher Macmillan and its background. Macmillan CEO John Sargent on the agency model, availability and price \| Macmillan blog Starting at the end of March, we will move from the “retail model” of selling e-books (publishers sell to retailers, who then sell to readers at a price that the retailer determines) to the “agency model” (publishers set the price, and retailers take a commission on the sale to readers). Shuuuuttt Uppp! Why Your Company Needs 'Quiet Time' \| The View from Harvard Business \| BNET Many companies are now going back to the days of installing “quiet time,” periods when workers are sequestered from interruptions to focus on the work at hand. NYRblog - Tony Judt on Identity "We are entering, I suspect, upon a time of troubles. It is not just the terrorists, the bankers, and the climate that are going to wreak havoc with our sense of security and stability. Globalization itself—the “flat” earth of so many irenic fantasies—will be a source of fear and uncertainty to billions of people who will turn to their leaders for protection. “Identities” will grow mean and tight, as the indigent and the uprooted beat upon the ever-rising walls of gated communities from Delhi to Dallas." Good and Boring \| Op-Ed Columnist \| NYTimes.com Iceland's meltdown made headlines; the remarkable stability of Canada's banks, not so much.Yet as the world’s attention shifts from financial rescue to financial reform, the quiet success stories deserve at least as much attention as the spectacular failures. We need to learn from those countries that evidently did it right. And leading that list is our neighbor to the north. Right now, Canada is a very important role model. Fraser Speirs - Blog - Future Shock What you're seeing in the industry's reaction to the iPad is nothing less than future shock. For years we've all held to the belief that computing had to be made simpler for the 'average person'. I find it difficult to come to any conclusion other than that we have totally failed in this effort. The iPad and publishers: A survey of early reaction - O'Reilly Radar the device is clearly built for media consumption. Movies, music, books, news -- the bread and butter content that keeps iTunes humming. That's good for Apple, obviously, but it also creates an interesting opportunity for publishers. They've got a new distribution mechanism and a new canvas. We don't need no stinking authority \| The Economist "[I]n the history of the discussion over whether or not the drone strikes in Pakistan are a good idea, I don't think I have ever heard anyone ask where the CIA or the president get the authority for them. Now, reports Spencer Ackerman, the ACLU is asking . . ." Add Slaw Linkblog to your del.icio.us network Subscribe to Slawlinkblog Follow our posts on your mobile Subscribe via RSS: You can subscribe to any or all of the following: the feed for all posts the feed for all comments a feed for a particular category and a feed for posts by a particular author. You can also subscribe to the feed for the comments to any particular post: you will find instructions above the comment entry form after all entries. Subscribe via email: To receive posts: To receive comments: Delivered by FeedBurner Follow Slaw posts on Twitter Here's the title of the most recent post from each of the blogs of Slaw's regular contributors. eLegal Canton PolicyTool – Taking Off Virally Library Boy Is the Canadian Library Association Still Viable? Chaire en droit de la sécurité et des affaires électroniques Les vidéos sont en ligne Canadian Privacy Law Blog Facebook plans to allow users to "share" location Vancouver Law Librarian Blog BC Law Watch Launches! Thoughtful Legal Management Recognition for Achievements by Lawyers and Law Firms Law Firm Web Strategy Canadian Law Blogs List Now Over 200! The Cross-Border Biotech Blog Monday Biotech Deal Review: March 8, 2010 Law is Cool OPP Officer Murdered, Tragic Irony… Preuve Électronique et Gestion de l’information – Le Pont entre le Droit et les TI - Conseils Ledjit Le procès sans papier – Objection… à toute la preuve présentée devant les tribunaux québécois! E-Discovery and Information Management – Bridging the Gap Between IT and the Law – Ledjit Consulting The Latest Technological Solutions to Today’s Forensic Challenges Connection \| A Crosby Group Consulting Blog Connie Crosby Update: February 15, 2010 Connie Crosby Connie Crosby Update: February 15, 2010 Members Members Page

Archive for the Category "Contract Law"