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Inside Internal Controls

News and discussion on implementing risk management

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contractual obligations

COVID-19 update: Rent payment and commercial lease enforcement during the pandemic

In this brief update, we consider the last of the above remedies, being the landlord’s ability to terminate a commercial lease, re-enter and re-let the premises, in the context of the COVID-19 pandemic.

 

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COVID-19 and the law of frustration

Learn why you need to review your contracts and advocacy practices with Not-for-Profit PolicyPro

We are flying blind into this storm. The pandemic is certain to affect, and has already affected, all kinds of contractual relations. I think it possible, even probable, that COVID-19 will be held to be an “Act of God” and available to excuse performance of all kinds of contracts, contracts of employment and contracts of sale or supply.

 

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Assignment of a contract of purchase and sale: Get it in writing

In the recent case of Guraya v Kaila, 2019 BCSC 101 (CanLII), the Plaintiff’s sought to enforce a verbal assignment of a contract of purchase and sale in the face of vendors refusing to complete with the assignee purchasers.

 

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SCC finds new contractual duty of honest performance

The Supreme Court of Canada has confirmed a new common law duty to act honestly in the performance of contractual obligations.

 

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