Just Between the Law and Us: Obligations, 2e
Canadian Legal Studies Series

Neil Sargent, Alberto Salazar, & Logan Atkinson (Eds.)     

Captus Press, ISBN 978-1-55322-354-2 (2017)
262 pages, 630 g, 8.5 X 11, $41.25 (US$33.00)

Just Between the Law and Us: Obligations is an edited collection of readings in private law theory, focusing in particular on the social and philosophical context of private law rules. The book is intended to assist readers in developing a critical understanding of contract and tort law and the law of fiduciaries, all in the context of some basic assumptions underlying private law rules. For purposes of illustration, the readings include extensive excerpts from leading cases and thoughtful academic commentary.

Table of Contents   top


Chapter 1 Contract and Voluntary Obligation

  1. The Essence of Contract (Brian Coote)
  2. Contracts, Promises and the Law of Obligations (P.S. Atiyah)
  3. Note on the Differences between Contract and Covenant as Sources of Legal and Political Obligation (Neil C. Sargent)
  4. Carlill v. Carbolic Smoke Ball Co.
  5. “Politicians’ Promises Not Set in Stone, Court Says” (Kirk Makin)
  6. Non-Contractual Relationships in Business: A Preliminary Study (Stewart Macaulay)
  7. Balfour v. Balfour
  8. Family Law Act
  9. Contract Marriage — The Way Forward or Dead End? (David McLellan)
  10. In Re Baby M

Chapter 2 Judicial (and Legislative) Intervention in Contract

  1. Tilden Rent-A-Car Co. v. Clendenning
  2. Sevidal v. Chopra
  3. Culpable Silence: Liability for Non-disclosure in the Contractual Arena (Shannon Kathleen O’Byrne)
  4. Lloyds Bank Ltd. v. Bundy
  5. Hill v. Gateway 2000, Inc.
  6. Pelech v. Pelech
  7. Statutory Law in Common Law Provinces (Union des consommateurs)

Chapter 3 Consequences of Non-Performance in Contract

  1. Hadley v. Baxendale
  2. Hadley v. Baxendale, A Study in the Industrialization of the Law (Richard Danzig)
  3. Peevyhouse v. Garland Coal & Mining Company
  4. Fidler v. Sun Life Assurance Co. of Canada
  5. Warner Brothers Pictures Inc v. Nelson

Chapter 4 The Nature of Tort Law

  1. The Functions of Tort Law (Allen M. Linden)
  2. Some Recent Obituaries of Tort Law (Arthur Ripstein)
  3. The Future of Tort Law: Mapping the Contours of the Debate (Michael J. Trebilcock)
  4. Mass Torts (Jamie Cassels)

Chapter 5 Foundations of Liability in Tort

  1. Donoghue (or M’Alister) v. Stevenson
  2. Palsgraf v. Long Island Railroad Co.
  3. Palsgraf Revisited (William L. Prosser)
  4. Pittman Estate v. Bain
  5. Dobson (Litigation Guardian of) v. Dobson
  6. Jordan House Ltd. v. Menow
  7. McIntyre v. Grigg
  8. Childs v. Desormeaux
  9. Alcock v. Chief Constable of South Yorkshire
  10. Jones v. Tsige

Chapter 6 The Public/Private Distinction Revisited

  1. Compensation for Damage Caused by Government (Peter W. Hogg, Q.C)
  2. Kamloops v. Nielsen
  3. Clark v. Canada (TD)
  4. Sterilization Victim Sued Alberta (Tu Thanh HA)
  5. Jane Doe v. Metropolitan Toronto (Municipality) Commissioners of Police
  6. Bazley v. Curry
  7. B.(W.R.) v. Plint
  8. The Law of Tort: A Useful Tool to Further Corporate Social Responsibility? (Bastian Reinschmidt)
  9. Pipeline Spills Forced Enbridge to Take a ‘Hard Look in Mirror’ (Geoffrey Morgan)

Chapter 7 Compensation in Tort Law

  1. Andrews v. Grand & Toy Alberta Ltd.
  2. A Critique of American Tort Law (Richard L. Abel)
  3. Hoovering as a Hobby and Other Stories: Gendered Assessments of Personal Injury Damages (Regina Graycar)
  4. Family Law Act
  5. The No-Fault Concept and Its History in Canada (Craig Brown)
  6. Multi-Provincial/Territorial Assistance Program Agreement
  7. Compensation Package Leaves Victims Bitter (Sharon Kirkey)
  8. Indian Residential Schools Settlement Agreement (IRSSA): Presentation (October 2007) (Indian Residential Schools Resolution Canada)

Chapter 8 Fiduciary Relationships

  1. Fiduciary Relationships (Timothy G. Youdan)
  2. Lac Minerals Ltd. v. International Corona Resources Ltd.
  3. Canada Aero Service Ltd. v. O’Malley
  4. Norberg v. Wynrib
  5. Frame v. Smith
  6. M.(K.) v. M.(H.)
  7. Guerin v. Canada

Instructor Resources   top

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About the Author   top

Neil Sargent, is an Associate Professor in the Department of Law and Legal Studies at Carleton University in Ottawa, where he teaches courses on introduction to private law relations, the legal regulation of corporate crime, and legal method and social inquiry. His research interests focus on private law, the legal regulation of multinational corporations, corporate criminal liability, law and literature, and alternative dispute resolution.

Alberto Salazar, is an Assistant Professor in the Department of Law and Legal Studies at Carleton University in Ottawa. He holds a Ph.D. from Osgoode Hall Law School, York University. Prior to joining Carleton University, he taught at Osgoode Hall Law School and the Business and Society Program of York University and served as MacArthur Fellow at the University of Oxford and CAPORDE fellow at the University of Cambridge. Professor Salazar is a member of the Directory of Experts involved in Academic Consumer Interest Research in Canada (Industry Canada/U of Waterloo) and of the Advisory Board of the Law and Business Review of the Americas. He specializes in consumer protection law and policy, corporate law, comparative corporate governance, competition law and policy, and the socio-economics of business law. Professor Salazar has published in the American Journal of Comparative Law, Osgoode Hall Law Journal, Arizona Journal of International and Comparative Law, King's Law Journal and Buffalo Law Review.

Logan Atkinson, is General Counsel & Corporate Secretary at the Real Estate Council of Ontario. Prior to that, he was University Secretary & General Counsel at the University of Waterloo, a faculty member in Law & Legal Studies at Carleton University, and University Secretary at Carleton. He has a doctorate in Legal History, interdisciplinary masters degrees in both the Humanities and the Social Sciences, a law degree and an undergraduate degree in the Arts. Prior to joining faculty at Carleton, Dr Atkinson practiced commercial law in St. John's, NL for many years..