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16 Nov 2014, 6:00 am
It is true that the Anglo-Canadian common law of contract has been reluctant to impose mandatory rules not based on the agreement of the parties, because they are thought to interfere with freedom of contract: see Gateway Realty, per Kelly J.; O’Byrne, “Good Faith in Contractual Performance”, at p. 95; Farnsworth, at 677-78. [read post]
13 Nov 2007, 7:41 am
ALLAN FARNSWORTH, CONTRACTS § 3.6 (2d ed.2000)). [read post]