THE EDUCATION OF BC NOTARIES
APPLIED LEGAL STUDIES 610
Contracts Robert Russo
Dr. Russo obtained his LLB, LLM, and PhD degrees from the Allard School of Law. His research has been primarily in the area of labour/ employment and immigration law and he has published several articles in this field. He joined UBC as a part-time faculty member in 2017 and was appointed a full-time Faculty Lead Lecturer for the LLMCL program in 2018. He has subsequently guided the teaching for the Distance Learning and LLMCL programs, designing various online courses, as well as teaching in the first-year JD program. His prior experience includes 10 years serving as one of the Federal Government’s representatives at hearings held across Canada to resolve individual claims-related abuses committed at federally operated Indian Residential Schools. He has taught for the Continuing Legal Education Society, the Professional Legal Education Co-Operative Association.
30
TABLE OF CONTENTS
ALS 610 Contracts
T
he law of contracts underlies several areas of BC Notary practice. An understanding of contract law is also essential to the business of running a practice—hiring staff, leasing premises, and so on. The course on Contracts taught in the Spring term introduces students to fundamental principles of Canadian contract law together with the practical application of those principles in the commercial environment. Students learn the essential elements of what makes an enforceable contract such as offer and acceptance, certainty of terms, form and consideration, as well as those things that may well make a contract unenforceable, such as misrepresentation, frustration, duress, and privity issues. Principles of contractual interpretation and contractual elements such as warranties, representations, conditions, and remedies for breach of contract are also examined. Students also have the opportunity through the course to the foundational legal skills learned in the Fall term. BC Notaries Association
The law of contract is primarily made up of common law rules and doctrines as opposed to legislation. While the basic principles of contract law change relatively slowly, social changes and developments can have a significant impact on the way those principles are interpreted and applied, together with their impact on individuals and businesses. The COVID crisis has provided a dramatic example of this process as the problem of contract frustration (one party being unable to carry out his or her financial obligations) has become increasingly prevalent. The doctrine of frustration itself is not new, but Canadian Courts are only now beginning to grapple with the effects of the pandemic on contractual obligations. How do Courts deal with contracts possibly frustrated by COVID-19? The term force majeure is generally defined as an unexpected and disruptive event that may operate to excuse a party from a contract. When referring to force majeure, it can include both the common law right to invoke force majeure as a defence against nonperformance or a contractual clause or a term that is included in contracts to relieve performance of contractual parties’ obligations under certain circumstances arising that are beyond their control. Volume 30 Number 1 Spring 2021
