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CONTRACTS:
CASES AND
COMMENTARIES
TENTH EDITION
Edited by
STEPHANIE BEN-ISHAI
Professor of Law,
Osgoode Hall Law School, York University
and
DAVID R. PERCY, Q.C.

Borden, Ladner, Gervais Chair in Energy Law and Policy,
University of Alberta
First Seven Editions edited by:
Christine Boyle and David Percy

# 2018 Thomson Reuters Canada Limited
NOTICE AND DISCLAIMER: All rights reserved. No part of this pub-

lication may be reproduced, stored in a retrieval system, or transmitted, in any
form or by any means, electronic, mechanical, photocopying, recording or
otherwise, without the prior written consent of the publisher (Thomson
Reuters Canada, a division of Thomson Reuters Canada Limited).
Thomson Reuters Canada and all persons involved in the preparation and sale
of this publication disclaim any warranty as to accuracy or currency of the
publication. This publication is provided on the understanding and basis that
none of Thomson Reuters Canada, the author/s or other persons involved in
the creation of this publication shall be responsible for the accuracy or cur-
rency of the contents, or for the results of any action taken on the basis of the
information contained in this publication, or for any errors or omissions
contained herein.
No one involved in this publication is attempting herein to render legal, ac-

counting or other professional advice. If legal advice or other expert assistance
is required, the services of a competent professional should be sought. The
analysis contained herein should in no way be construed as being either of-
ficial or unofficial policy of any governmental body.
A cataloguing record for this publication is available from Library and Archives
Canada.
ISBN 978-0-7798-8642-5 (2018 edition)
Printed in United States by Thomson Reuters
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CONTRIBUTORS
Stephanie Ben-Ishai
of Osgoode Hall Law School Chapters 1 and 13
Tamara Buckwold
of the Faculty of Law, University of Alberta Chapters 3 and 6
Richard F. Devlin
of the Faculty of Law, Dalhousie University Chapter 10
Robert D. Flannigan
of the Faculty of Law, University of Saskatchewan Chapters 5 and 11
John D. McCamus
of Osgoode Hall Law School Chapter 7
David R. Percy
of the Faculty of Law, University of Alberta Chapter 1
Michael Pratt
of the Faculty of Law, Queen’s University Chapters 4, 9 and 12
Michael Ilg
of the Faculty of Law, University of Calgary Chapter 8
Robert Wai
of Osgoode Hall Law School Chapter 2
iii
PREFACE
The publication of the tenth edition of this casebook marks the 40th
anniversary of its first appearance. The book originally developed from
gatherings of contracts teachers during the annual meetings of the Canadian
Association of Law Teachers in the mid-1970s. It was inspired by a widely
held feeling that there was a need for a national book that might command
acceptance across the common law provinces. Initially, Janet Baldwin of the
University of Manitoba gathered materials from a number of teachers and
these were used, in whole or in part, at several law schools in different parts of
the country. Law teachers enjoyed working from a common set of materials,
and at the 1977 meeting of C.A.L.T. in Fredericton, New Brunswick,
Christine Boyle and David Percy were charged with the task of organizing
portions of the existing materials and adding new chapters to create a
publication suitable for use across the country.
For over 30 years, this book was co-edited by Professor Christine Boyle.
Although Christine has retired from law teaching, her distinctive approach is
still evident throughout the book, particularly in the Introduction to the Study
of the Law of Contracts. The list of contributors to this book over the past 40
years reflects generations of Canadian contract law scholars. This edition
guarantees a degree of continuity, as we are fortunate to have been able to
produce the book with the same set of contributors as the ninth edition.
As editors, we continue to play two roles. As in the past, we have
attempted to introduce a degree of uniformity to the various sections of the
book without affecting the flavour of each individual contribution. We have
significantly cut the undergrowth of questions and notes throughout and
added some new ones where necessary. We have edited chapters in order to
avoid repetition, to include cross-references, and to keep the size of the book
within reasonable bounds. One of the benefits of this type of co-operative
casebook is to expose students to slightly different approaches to contracts
problems. In line with the requirements imposed by many law faculties across
the country, we continue to refine the learning objectives at the beginning of
each chapter to guide the student’s focus. The learning objectives have
provided a more integrated feel to the casebook, although individual
Contracts teachers may direct students to use these objectives in ways that
fit their own pedagogical styles.
This edition is probably the first to introduce some fundamental changes
in the Canadian law of contracts. Most importantly, Chapter 7 deals with
Bhasin v. Hrynew and the introduction of an organising principle of the duty
of good faith that does not depend on the parties’ intentions. The book also
reflects the emergence of a distinctive approach to the interpretation of
contracts adopted by the Supreme Court of Canada. Interpretation is dealt
with in Chapter 7, and the Court’s new approach is neatly summarized in the
extract from Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.
in Chapter 8. Chapter 9 uses an extract from Canada (Attorney General) v.
v
PREFACE vi
Fairmont Hotels Inc. to deal with the instability in the doctrine of rectification
that had developed as parties attempted to re-cast transactions in the light of
unanticipated tax consequences.
There is also a focus on areas in which Canadian courts appear to be
taking a distinctive approach to the law of contracts. Chapter 2 consolidates
the major changes of previous editions relating to technology, globalization,
and tendering. Chapter 3 considers developments in the role of good faith in
negotiation. Chapter 4 raises the problems posed by electronic contracts in
respect of the requirement of writing. Chapter 8 emphasizes the importance of
the role of Tercon Contractors Ltd. v. British Columbia in the judicial control
of exclusion clauses. Chapter 9 explores the continuing signs of life in the
doctrine of equitable mistake. Chapter 10 takes into account emerging
European and international norms in contract law. Finally, Chapter 13 deals
with the burgeoning level of appellate activity on aggravated damages for
mental distress and punitive damages. Readers will also find an increased
emphasis throughout the book on the intersection between consumer
protection law and contract law.
The book continues to be designed primarily as a teaching tool rather
than a reference work. Accordingly, we have generally given limited citations
in the body of the text, with more extensive correlative citations in the Table of
Cases.
The materials and their organization are somewhat traditional, for they
are designed to constitute the basis of a core course in contracts. We do not
attempt to imbue the reader with a particular philosophy of the law of
contracts and indeed any attempt to do so would be fruitless given the number
and variety of our contributors. Rather we try to note a number of different
approaches to contracts throughout and to leave scope for individual teachers
to pursue their own themes with these materials as a solid base. The book is, of
course, designed for use in all common law courses and as a result we include
from different jurisdictions statutory references where appropriate and try to
avoid concentration upon a particular province when excerpts from statutes
are included in the materials. It is hoped that this will awaken students to the
increasingly different legislative trends that have been adopted across the
country and create an awareness of the approaches of jurisdictions other than
the one in which they are studying.
In reflecting these important developments, we hope that we have
retained the features of earlier editions, which have commanded broad
acceptance at law schools that focus on the common law.
Stephanie Ben-Ishai wishes to acknowledge the detailed and thoughtful
contribution of her research assistant, Olha Senyshyn, who improved the
manuscript immeasurably. She would also like to thank her son, Larry, who
will start school as this edition goes to press, and is the most inspiring teacher,
student, and son one could ask for.
David Percy wishes to acknowledge the valuable work done by his
research assistant, Alexandra Mackenzie, as well as helpful comments and
vii PREFACE
suggestions from his colleagues at the University of Alberta, particularly

Shannon O’Byrne, Tamara Buckwold, and Mitchell McInnes.
Finally, we both appreciate the continued support of our publisher.
Stephanie Ben-Ishai
David R. Percy
Toronto and Edmonton
April 9, 2018
ACKNOWLEDGMENTS
The Editors are grateful to the following persons and organizations for per-
mission to reproduce the materials or excerpts indicated below.
Alberta Reports
Maritime Law Book Ltd.
Fredericton, New Brunswick
All England Law Reports

Butterworth & Co. (Publishers) Ltd.
London, England
American Law Institute’s Restatement of the Law, Second: Contracts

The American Law Institute
Philadelphia, Pennsylvania
# 1979 by The American Law Institute. Reproduced with permission.
Atlantic Provinces Reports

Canadian Insurance Law Reporter

C.C.H. Canadian Limited
North York, Ontario
Cheshire, Fifoot & Furmston Law of Contract, 12th edition (1991)

M.P. Furmston
The Butterworths Division of Reed Elsevier (UK) Limited
London, England
Commercial Fiduciary Obligation

R.Flannigan
Alberta Law Review
Faculty of Law, University of Alberta
Edmonton, Alberta
Commonwealth Law Reports

The Law Book Company Limited
New South Wales, Australia
A Contract
William E. Conklin
in Richard F. Devlin ed. Canadian Perspectives on Legal Theory (1991)
Emond Montgomery
Toronto, Ontario
ix
ACKNOWLEDGEMENTS x
Contracts—Innominate Terms: Contractual Encounters of the Third Kind

Allan C. Hutchinson and John N. Wakefield
Canadian Bar Review
University of New Brunswick, Faculty of Law
Developments in Contract Law

B.Reiter and K. Swan
Supreme Court Law Review 1978-79 Term
Butterworths Canada Ltd.
Markham, Ontario
Reprinted with permission of Butterworths Canada Ltd. 1980
Do We Need a Parol Evidence Rule?

Stephen M. Waddams
Canadian Business Law Journal
Toronto, Ontario
Dominion Law Reports

Canada Law Book
Aurora, Ontario
Donor Insemination Agreement

Barbara J. Findlay
Dahl findlay Connors
Vancouver, British Columbia
Economic Analysis of Law, 6th edition (2003) and 7th edition (2007)
Richard A. Posner
Little, Brown
Toronto, Ontario
English Reports
Sweet & Maxwell Ltd.
London, England
The Judicial Control of Contractual Unfairness

David Tiplady and Modern Law Review
Blackwell Publishers
Oxford, England
The Law of Contract, 2nd edition (1993) and 3rd edition (1997)
Hugh Collins
The Butterworths Division of Reed Elsevier (UK) Limited
London, England
The Law of Contract, 9th edition (1995)

G.H. Treitel
xi ACKNOWLEDGEMENTS

London, England
The Law of Contracts, 1977 edition and 4th edition (1999)

Stephen M. Waddams
Canada Law Book Inc.
240Edward Street,
Aurora, Ontario
L4G 3S9 Canada
The Law Reports

The Incorporated Council of Law Reporting for England and Wales
London, England
Legal Essays and Addresses (1939)

Lord Wright of Durley
Cambridge University Press
North American Branch
New York, New York
Reprinted with the permission of Cambridge University Press.
The Limits of Freedom of Contract (1993)

Michael J. Trebilcock
Harvard University Press
Cambridge, Massachusetts
Lloyd’s List Reports

Lloyd’s of London Press
London, England
Mistake in Equity: Solle v. Butcher Re-examined

Davies
Manitoba Law Journal
University of Manitoba
Winnipeg, Manitoba
National Reporter
New Brunswick Reports (Second Series)
Newfoundland and Prince Edward Island Reports
Nova Scotia Reports (Second Series)

Ontario Reports
Law Society of Upper Canada
Toronto, Ontario
ACKNOWLEDGEMENTS xii
Pacific Reporter 2d
North Western Reporter

West Publishing Company
Eagan, Minnesota
The Parol Evidence Rule (1976)

McLauchlan
Professional Publications Ltd.
Wellington, New Zealand
The Path of the Law

Oliver Wendell Holmes
Harvard Law Review
Cambridge, Massachusetts
Copyright # 1897 by The Harvard Law Review Association
Penzoil v. Texaco
M.G. Yudof and J.L. Jeffers
Alberta Law Review
Faculty of Law, University of Alberta
Edmonton, Alberta
Privity of Contract: Contracts for the Benefit of Third Parties (1996)

Law Com. No. 242, Cm 3329
The Law Commission for England and Wales
Norwich, England
Crown copyright material is reproduced with the permission of the Con-
troller of Her Majesty’s Stationery Office
The Reliance Interest in Contract Damages

L.L. Fuller and William R. Perdue, Jr.
Yale Law Journal
New Haven, Connecticut
Reprinted by permission of The Yale Law Journal Company and Fred B.
Rothman & Company from The Yale Journal, Vol. 46, at pp. 52-63
Report on Amendment of the Law of Contract (1987)

Ontario Law Reform Commission
# Queen’s Printer for Ontario
Report on Sale of Goods (1979)

Ontario Law Reform Commission
# Queen’s Printer for Ontario
Restitutionary Recovery of Benefits Conferred Under Contracts in Conflict with

Statutory Policy — The New Golden Rule
John D. McCamus
xiii ACKNOWLEDGEMENTS
Osgoode Hall Law Journal

Osgoode Hall Law School
North York, Ontario
The Right to Procreate: When Rights Claims Have Gone Wrong

L.Shanner
McGill Law Journal
Revue de droit de McGill inc.
Montreal, Quebec
Social Force Majeure — A New Concept in Nordic Consumer Law

Thomas Wilhelmsson
Journal of Consumer Policy
Kluwer Academic Publishers
Norwell, Massachusetts
Sourcebook on French Law (1996)

D.Pollard
Cavendish Publishing Limited
London, England
Supreme Court Reports (Canada)

Supply and Services Canada
Hull, Quebec
Winfield and Jolowicz on Tort 13th edition (1989)

W.V.H. Rogers
London, England
CONTENTS
Contributors............................................................................................. iii
Preface ................................................................................................... v
Acknowledgments ...................................................................................... ix
Table of Cases.......................................................................................... xxix
Chapter 1 An Introduction to the Study of the Law of Contracts ................ 1
1. The Classical Theory of Contract.......................................................... 2
2. The Intersection of ‘‘Private” and ‘‘Public” Law ...................................... 3
3. ‘‘Freedom of Contract”: Reality and Regulatory Response ......................... 4
4. ‘‘Freedom of Contract”: Common Law Response ..................................... 7
5. What Promises Are Enforceable? .......................................................... 9
6. What Remedy for Breach? ................................................................... 10
7. Theories of Contract Law .................................................................... 11
8. Relational Contracts ........................................................................... 12
9. Transcending Conceptual Boundaries ..................................................... 13
10. A Final Word of Caution..................................................................... 15
Chapter 2 Formation of the Agreement: Offer and Acceptance ................... 17
Learning Objectives ............................................................................ 17
1. Introduction ...................................................................................... 17
2. Offer and Invitation to Treat................................................................ 20

Canadian Dyers Association Ltd. v. Burton............................................. 20
Note and Questions ........................................................................... 22
Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Southern)
Ltd. ............................................................................................. 23
Carlill v. Carbolic Smoke Ball Co. ........................................................ 28
Goldthorpe v. Logan ........................................................................... 33
Notes and Questions .......................................................................... 35
R. v. Ron Engineering & Construction (Eastern) Ltd................................ 36
Notes............................................................................................... 38
M.J.B. Enterprises Ltd. v. Defence Construction (1951) Ltd. .................... 39
Notes............................................................................................... 47
3. Communication of Offer...................................................................... 48
Williams v. Carwardine ....................................................................... 48
xv
CONTENTS xvi
R. v. Clarke ...................................................................................... 50
4. Acceptance........................................................................................ 53
Livingstone v. Evans ........................................................................... 53
Butler Machine Tool Co. v. Ex Cell O Corp. .......................................... 56
Question .......................................................................................... 58
Tywood Industries Ltd. v. St. Anne Nackawic Pulp & Paper Co. Ltd. ......... 58
ProCD v. Matthew Zeidenberg and Silken Mountain Web Services, Inc. ...... 61
Questions ......................................................................................... 66
Dawson v. Helicopter Exploration Co. ................................................... 67
Felthouse v. Bindley............................................................................ 73
Saint John Tug Boat Co. v. Irving Refinery Ltd. ..................................... 76
Eliason v. Henshaw ............................................................................ 81
Questions ......................................................................................... 82
5. Communication of Acceptance .............................................................. 83

(a) Mailed Acceptances ..................................................................... 83
Household Fire & Carriage Accident Insurance Co. v. Grant ...................... 83
Holwell Securities Ltd. v. Hughes ......................................................... 86
Question .......................................................................................... 89
(b) Instantaneous Methods of Communication ....................................... 89
Brinkibon Ltd. v. Stahag Stahl und Stahlwarenhandelsgesellschaft mbH ....... 89
Rudder v. Microsoft Corp. ................................................................... 94
Notes............................................................................................... 98
6. Termination of Offer .......................................................................... 99

(a) Revocation ................................................................................. 99
Dickinson v. Dodds............................................................................. 99
Byrne v. Van Tienhoven ...................................................................... 103
Note................................................................................................ 104
Errington v. Errington and Woods......................................................... 104
Questions ......................................................................................... 106
(b) Lapse ........................................................................................ 106
Barrick v. Clark................................................................................. 106
Chapter 3 Formation of the Agreement: Certainty of Terms ....................... 113
1. Introduction ...................................................................................... 113
2. Vagueness......................................................................................... 116
R. v. CAE Industries Ltd. .................................................................... 116
xvii CONTENTS
Note................................................................................................ 121
3. Incomplete Terms............................................................................... 121

May & Butcher Ltd. v. R. ................................................................... 122
Note................................................................................................ 124
Hillas & Co. v. Arcos Ltd. ................................................................... 124
Note................................................................................................ 129
Foley v. Classique Coaches Ltd............................................................. 129
4. Agreements to Negotiate ..................................................................... 134

Empress Towers Ltd. v. Bank of Nova Scotia.......................................... 136
Mannpar Enterprises Ltd. v. Canada ..................................................... 138
A Comment on Developments in the Enforcement of Agreements to
Negotiate in Good Faith ................................................................ 143
5. Anticipation of Formalization ............................................................... 149

Bawitko Investments Ltd. v. Kernels Popcorn Ltd. ................................... 150
Notes............................................................................................... 155
Chapter 4 The Enforcement of Promises .................................................. 157
1. Introduction ...................................................................................... 157

(a) Promises Enforced as Contracts ..................................................... 158
(b) Promises Enforced as Deeds .......................................................... 159
(c) Promises Enforced by Way of Estoppel ........................................... 159
2. Exchange and Bargains ....................................................................... 159

The Governors of Dalhousie College at Halifax v. The Estate of Arthur
Boutilier, Deceased......................................................................... 159
Brantford General Hospital Foundation v. Marquis Estate ......................... 165
Wood v. Lucy, Lady Duff Gordon ......................................................... 169
Notes and Question ........................................................................... 170
3. Past Consideration ............................................................................. 170

Eastwood v. Kenyon ........................................................................... 170
Question .......................................................................................... 172
Lampleigh v. Brathwait ....................................................................... 172
4. Consideration Must Be of Value in the Eyes of the Law............................ 173

Thomas v. Thomas ............................................................................. 173
5. Bona Fide Compromises of Disputed Claims ........................................... 175

B. (D.C.) v. Arkin ............................................................................. 175
Note................................................................................................ 178
6. Pre-Existing Legal Duty...................................................................... 179

CONTENTS xviii
(a) Introduction ............................................................................... 179

(b) Public Duty................................................................................ 179
Question .......................................................................................... 180
(c) Duty Owed to a Third Party ......................................................... 180
Pao On v. Lau Yiu Long ..................................................................... 180
(d) Duty Owed to the Promisor — The Traditional Position .................... 183
(i) Promises to Pay or Provide More ........................................... 184
Stilk v. Myrick .................................................................................. 184
Note................................................................................................ 185
Gilbert Steel Ltd. v. University Const. Ltd. ............................................. 185
Notes............................................................................................... 189
(ii) Promises to Accept Less ........................................................ 189
(A) Accord and Satisfaction................................................. 189
Foakes v. Beer................................................................................... 190
Foot v. Rawlings ................................................................................ 194
Note and Question ............................................................................ 196
(B) Statute ........................................................................ 196
Judicature Act ................................................................................... 196
(e) Duty Owed to the Promisor — Judicial Reform................................ 198
Nav Canada v. Greater Fredericton Airport Authority Inc. ........................ 198
Rosas v. Toca.................................................................................... 203
7. Promissory Estoppel ........................................................................... 214

Hughes v. Metropolitan Railway Company ............................................. 214
Central London Property Trust Ltd. v. High Trees House Ltd. .................. 215
(a) The Nature of the Representation................................................... 218
John Burrows Ltd. v. Subsurface Surveys Ltd.......................................... 218
(b) The Equities ............................................................................... 221
D. & C. Builders Ltd. v. Rees............................................................... 221
(c) The Reliance .............................................................................. 224
W.J. Alan & Co. v. El Nasr Export & Import Co. ................................... 224
Questions ......................................................................................... 228
Socie´te´ Italo Belge Pour le Commerce et l’industrie S.A. v. Palm and
Vegetable Oils (Malaysia) SDN BHD; the Post Chaser ....................... 228
(d) Sword or Shield? ......................................................................... 233
Combe v. Combe................................................................................ 233
Petridis v. Shabinsky .......................................................................... 235
Questions ......................................................................................... 238
M. (N.) v. A. (A.T.) ......................................................................... 238
8. Intention to Create Legal Relations ....................................................... 244

xix CONTENTS
(a) Introduction ............................................................................... 244

(b) Family Arrangements ................................................................... 244
Balfour v. Balfour .............................................................................. 244
(c) Commercial Arrangements ............................................................ 248
Rose and Frank Co. v. J.R. Crompton and Bros. Ltd................................ 248
Toronto Dominion Bank v. Leigh Instruments Ltd. (Trustee of) ................. 250
Notes............................................................................................... 253
9. Formality: Promises under Seal ............................................................ 254

Royal Bank v. Kiska........................................................................... 254
Notes............................................................................................... 256
10. Formality: The Requirement of Writing.................................................. 257

(a) Introduction ............................................................................... 257
(b) Categories of Contracts under the Statute........................................ 259
(i) Contracts to Charge an Executor or Administrator on a Special
Promise to Answer Damages Out of His Own Estate ................. 260
Note.......................................................................................... 260
(ii) Contracts Made upon Consideration of Marriage...................... 260
Note.......................................................................................... 260
(iii) Contracts to Answer for the Debt, Default or Miscarriage of
Another Person .................................................................... 260
Note.......................................................................................... 261
(iv) Contracts Not to Be Performed Within a Year ......................... 261
Note.......................................................................................... 262
(v) Contracts for the Sale or an Interest in Land............................ 262
Note.......................................................................................... 262
(c) Effects on Non-Compliance ........................................................... 263
(d) The Requirement of a Sufficient Note or Memorandum ...................... 263
(i) Form of the Note or Memorandum ........................................ 263
(ii) Contents of the Note or Memorandum.................................... 264
Dynamic Transport Ltd. v. O.K. Detailing Ltd. ................................. 264
(iii) The Requisite Signature......................................................... 266
(iv) Joinder of Documents ........................................................... 267
(e) Electronic Contracts .................................................................... 267
(i) Written Memoranda in Electronic Form at Common Law.......... 267
(ii) Written Memoranda in Electronic Form under Electronic
Commerce Legislation ........................................................... 267
Note.......................................................................................... 268
(iii) Signatures in Electronic Form ................................................ 268
Notes......................................................................................... 269
(f) Part Performance ........................................................................ 269
Deglman v. Guaranty Trust Co. ............................................................ 269
Notes............................................................................................... 273
Thompson v. Guaranty Trust Co. .......................................................... 274
Lensen v. Lensen................................................................................ 280
Notes............................................................................................... 282
CONTENTS xx
Chapter 5 Privity of Contract................................................................. 285
1. Introduction ...................................................................................... 285
2. The History of the Doctrine of Privity and Third Party Beneficiaries .......... 285
Provender v. Wood ............................................................................. 286
Tweddle v. Atkinson ........................................................................... 286
Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge & Co. Ltd. .......................... 287
3. Ways in Which a Third Party May Acquire the Benefit ............................ 291
(a) Statute ...................................................................................... 291
Note................................................................................................ 293
(b) Specific Performance ................................................................... 293
Beswick v. Beswick............................................................................. 293
Beswick v. Beswick............................................................................. 295
Questions ......................................................................................... 297
(c) Trust......................................................................................... 297
Vandepitte v. Preferred Accident Insurance Co. ....................................... 297
(d) Agency ...................................................................................... 301
McCannell v. Mabee McLaren Motors Ltd............................................. 302
New Zealand Shipping Co. Ltd. v. A.M. Satterthwaite & Co. Ltd............... 304
(e) Employment ............................................................................... 309
London Drugs Ltd. v. Kuehne & Nagel International Ltd........................... 309
(f) The Principled Exception .............................................................. 319
Fraser River Pile & Dredge Ltd. v. Can Dive Services Ltd......................... 319
4. Privity and Contract Theory ................................................................ 324
Chapter 6 Contingent Agreements .......................................................... 327
1. Introduction ...................................................................................... 327
2. Intention, Certainty, and Consideration .................................................. 330

Wiebe v. Bobsien................................................................................ 332
Notes............................................................................................... 338
Wiebe v. Bobsien................................................................................ 338
3. Reciprocal Subsidiary Obligations ......................................................... 341

Dynamic Transport Ltd. v. O.K. Detailing Ltd. ....................................... 343
(a) Remedies for Breach of Subsidiary Obligations ................................. 346
Eastwalsh Homes Ltd. v. Anatal Developments Ltd. ................................. 347
Note................................................................................................ 349
xxi CONTENTS
4. Unilateral Waiver............................................................................... 350

Turney v. Zhilka ................................................................................ 350
Notes............................................................................................... 352
Chapter 7 Representations and Terms; Classifications and

Consequences........................................................................ 357
1. Introduction ...................................................................................... 357
2. Misrepresentation and Rescission .......................................................... 358

Redgrave v. Hurd ............................................................................... 359
Questions ......................................................................................... 363
Smith v. Land and House Property Corp. ............................................... 363
Bank of British Columbia v. Wren Developments Ltd................................ 365
Kupchak v. Dayson Holdings Ltd. ......................................................... 368
3. Representations and Terms .................................................................. 376

Heilbut, Symons & Co. v. Buckleton ...................................................... 376
Dick Bentley Productions Ltd. v. Harold Smith (Motors) Ltd. .................. 381
Questions ......................................................................................... 383
Leaf v. International Galleries .............................................................. 383
Questions ......................................................................................... 387
4. Statutory Reform ............................................................................... 387

Ontario Law Reform Commission, Report on Amendment of the Law
of Contract ................................................................................... 388
Consumer Protection Act..................................................................... 391
5. Concurrent Liability in Contract and Tort .............................................. 399

Sodd Corp. v. N. Tessis....................................................................... 400
BG Checo International Ltd. v. British Columbia Hydro & Power
Authority...................................................................................... 403
6. The Parol Evidence Rule ..................................................................... 413

(a) The Scope and Rationale of the Rule .............................................. 413
Zell v. American Seating Co. ............................................................... 415
Hawrish v. Bank of Montreal ............................................................... 422
Bauer v. Bank of Montreal .................................................................. 425
J. Evans & Son (Portsmouth) Ltd. v. Merzario (Andrea) Ltd. .................. 427
CONTENTS xxii

Gallen v. Allstate Grain Co. ................................................................. 433
(b) Statutory Modification of the Parol Evidence Rule ............................ 442
Trade Practice Act ............................................................................. 442
7. Classification of Terms ....................................................................... 447

Hong Kong Fir Shipping Co. Ltd. v. Kawasaki Kisen Kaisha Ltd................ 448
Wickman Machine Tool Sales Ltd. v. L. Schuler A.G. .............................. 456
Questions ......................................................................................... 461
8. The Performance Obligation: The Duty to Perform in Good Faith .............. 462
Bhasin v. Hrynew ............................................................................... 462
9. Remedies of the Parties in Default ........................................................ 473

Fairbanks Soap Co. v. Sheppard ........................................................... 475
Sumpter v. Hedges ............................................................................. 479
Questions ......................................................................................... 480
Howe v. Smith................................................................................... 480
Stevenson v. Colonial Homes Ltd. ......................................................... 482
Questions ......................................................................................... 485
Chapter 8 Standard Form Contracts and Exclusion Clauses ....................... 487
1. Introduction ...................................................................................... 487
2. Judicial Control of Standard Form Contracts and Exclusion Clauses ........... 488
Trebilcock, The Common Law of Restraint of Trade................................ 489
Use of Exclusion Clauses .............................................................. 493
3. Incorporation..................................................................................... 494
(a) Unsigned Documents.................................................................... 494
Thornton v. Shoe Lane Parking Ltd. ..................................................... 494
Note................................................................................................ 498
Interfoto Picture Library Ltd. v. Stiletto Visual Programmes Ltd. .............. 499
McCutcheon v. David MacBrayne Ltd. .................................................. 504
(b) Signed Documents ....................................................................... 508
Tilden Rent A Car Co. v. Clendenning ................................................... 508
Karroll v. Silver Star Mountain Resorts Ltd............................................ 512
Notes............................................................................................... 517
4. Principles of Contractual Interpretation.................................................. 520

(a) Implied Terms ............................................................................ 520
Machtinger v. Hoj Industries Ltd. ......................................................... 521
xxiii CONTENTS
(b) Ambiguity .................................................................................. 524

Scott v. Wawanesa Mutual Insurance Co................................................ 524
(c) Context and the Factual Matrix..................................................... 528
Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co. .............. 530
Note................................................................................................ 533
(d) Strict Construction ...................................................................... 533
5. The Doctrine of Fundamental Breach..................................................... 535

Tercon Contractors Ltd. v. British Columbia (Ministry of Transportation
and Highways) ............................................................................... 537
Chapter 9 Mistake................................................................................ 549
1. Introduction ...................................................................................... 549

Note................................................................................................ 550
2. Both Parties Mistakenly Believe They Are in Agreement ........................... 551

Staiman Steel Ltd. v. Commercial & Home Builders Ltd. .......................... 552
3. Unilateral Mistakes as to Terms ........................................................... 554

(a) Distinguishing Mistakes as to Terms and Mistaken Assumptions.......... 554
Smith v. Hughes ................................................................................ 554
Question .......................................................................................... 559
(b) ‘‘Snapping Up” a Mistaken Offer .................................................. 559
(c) Mistakes in Tender Bids ............................................................... 561
R. v. Ron Engineering & Construction (Eastern) Ltd. .................................. 562
4. Agreements Made under Mistaken Assumptions....................................... 568

(a) Common Law ............................................................................. 568
Bell v. Lever Brothers Ltd. .................................................................. 568
Question .......................................................................................... 573
McRae v. Commonwealth Disposals Commission ..................................... 573
(b) Equity ....................................................................................... 579
Solle v. Butcher ................................................................................. 580
Notes............................................................................................... 582
Great Peace Shipping v. Tsavliris Salvage............................................... 583
Miller Paving Ltd. v. B. Gottardo Construction Ltd. ................................ 589
Notes............................................................................................... 592
5. Mistaken Identity............................................................................... 593

Shogun Finance Ltd. v. Hudson ............................................................ 594
6. Documents Mistakenly Signed: Non Est Factum ...................................... 600

Saunders v. Anglia Building Society....................................................... 602
CONTENTS xxiv
Marvco Color Research Ltd. v. Harris ................................................... 604

Notes............................................................................................... 612
7. Rectification...................................................................................... 613
Sylvan Lake Golf & Tennis Club Ltd. v. Performance Industries Ltd. .......... 614
Notes............................................................................................... 623
Canada (Attorney General) v. Fairmont Hotels Inc. .................................... 623
Note................................................................................................ 630
Chapter 10 Frustration.......................................................................... 633
1. Introduction ...................................................................................... 633

Collins, The Law of Contract............................................................... 635
Posner, Economic Analysis of Law........................................................ 636
Trebilcock, The Limits of Freedom of Contract ....................................... 638
2. Development and Application of the Doctrine .......................................... 639

Paradine v. Jane ................................................................................ 639
Taylor v. Caldwell.............................................................................. 640
Claude Neon General Advertising Ltd. v. Sing ......................................... 643
Davis Contractors Ltd. v. Fareham U.D.C. ............................................. 645
Notes............................................................................................... 649
Capital Quality Homes Ltd. v. Colwyn Construction Ltd. .......................... 650
Question and Notes ........................................................................... 652
Victoria Wood Development Corp. v. Ondrey .......................................... 652
Question .......................................................................................... 653
KBK NO. 138 Ventures Ltd. v. Canada Safeway Ltd. .............................. 654
Note................................................................................................ 657
Kesmat Invt. Inc. v. Indust. Machinery Co. & Canadian Indemnity Co......... 657
3. A Restatement ................................................................................... 661

Edwinton Commercial Corporation and Another v. Tsavliris Russ
(Worldwide Salvage and Towage) Ltd. The Sea Angel ............................. 661
4. Self-Induced Frustration ...................................................................... 668

Maritime National Fish Ltd. v. Ocean Trawlers Ltd. ................................ 668
5. Should the Doctrine of Frustration Be Expanded: Commercial Impracticality

and Social Force Majeure?................................................................... 670
Wilhelmsson, ‘‘‘Social Force Majeure’ A New Concept in Nordic
Consumer Law” ............................................................................ 673
Questions ......................................................................................... 674
xxv CONTENTS
6. Anticipating the Unforeseeable: Force Majeure Clauses ............................. 674

Atlantic Paper Stock Ltd. v. St. Anne Nackawic Pulp & Paper Co. ............ 675
7. Effect of Frustration ........................................................................... 680

Ontario Law Reform Commission, Report on Amendment of the Law of
Contract....................................................................................... 680
Chapter 11 The Protection of Weaker Parties ........................................... 685
1. Introduction ...................................................................................... 685
2. Duress ............................................................................................. 686

Greater Fredericton Airport Authority Inc. v. NAV Canada ....................... 686
3. Undue Influence ................................................................................. 699

Geffen v. Goodman Estate ................................................................... 701
Royal Bank of Scotland Plc v. Etridge (No. 2) ....................................... 709
4. Unconscionability ............................................................................... 718

(a) The Traditional Doctrine .............................................................. 718
Morrison v. Coast Finance Ltd. ............................................................ 719
Marshall v. Can. Permanent Trust Co. .................................................. 723
Questions ......................................................................................... 725
(b) A Wider View............................................................................. 726
Lloyds Bank v. Bundy ......................................................................... 726
Harry v. Kreutziger ............................................................................ 732
(c) The Scope of the Principle ............................................................ 735
Tiplady, ‘‘The Judicial Control of Contractual Unfairness”...................... 737
Note................................................................................................ 738
(d) Unconscionability Legislation ........................................................ 739
Unconscionable Transactions Relief Act ................................................. 739
5. Incapacity......................................................................................... 742
(a) Infancy...................................................................................... 742
Ontario Law Reform Commission, Report on Amendment of the Law of
Contract....................................................................................... 742
Notes............................................................................................... 743
(b) Mental Incompetence ................................................................... 744
Hart v. O’Connor............................................................................... 744
Chapter 12 Illegality and Public Policy .................................................... 749

CONTENTS xxvi
1. Introduction ...................................................................................... 749
2. Contracts Contrary to Public Policy at Common Law .............................. 750

(a) Restraint of Trade ....................................................................... 750
Shafron v. KRG Insurance Brokers (Western) Inc. .................................. 750
Notes............................................................................................... 759
(b) Immoral Contracts ...................................................................... 762
(c) Surrogacy Agreements.................................................................. 764
3. Effects of Illegality............................................................................. 767

Still v. Minister of National Revenue ..................................................... 768
Chapter 13 Remedies ............................................................................ 785
1. Introduction ...................................................................................... 785
2. Damages: The Interests Protected ......................................................... 786

Holmes, The Path of the Law .............................................................. 787
Posner, Economic Analysis of Law........................................................ 787
Note................................................................................................ 788
Fuller and Perdue, The Reliance Interest in Contract Damages.................. 789
(a) The Expectation Interest .............................................................. 798
(b) The Reliance Measure of Damages................................................. 799
McRae v. Commonwealth Disposals Comm............................................. 799
Bowlay Logging Ltd. v. Domtar Ltd. ..................................................... 804
Sunshine Vacation Villas Ltd. v. Governor and Company of Adventurers
of England Trading into Hudson’s Bay............................................... 808
Questions ......................................................................................... 811
(c) The Restitution Measure of Damages.............................................. 812
Attorney General v. Blake (Jonathan Cape Ltd. Third Party).................... 812
3. Damages: The Boundaries of Recovery................................................... 821

(a) Circumscribing the Zone of Protected Interests ................................. 821
(i) Loss of a Chance.................................................................. 822
Chaplin v. Hicks .......................................................................... 822
Questions ................................................................................... 823
(ii) Cost of Completion v. Difference in Value ............................... 824
Groves v. John Wunder Co............................................................. 824
Notes and Question ..................................................................... 829
Posner, Economic Analysis of Law.................................................. 829
Nu West Homes Ltd. v. Thunderbird Petroleums Ltd.......................... 830
Notes and Questions .................................................................... 832
(iii) General Damages for Mental Distress ..................................... 833
Fidler v. Sun Life Assurance Co. of Canada...................................... 833
Notes......................................................................................... 842
xxvii CONTENTS
Jarvis v. Swans Tours ................................................................... 843

Question .................................................................................... 845
(iv) Aggravated and Punitive Damages .......................................... 846
Vorvis v. Insurance Corp. of British Columbia ................................... 846
Honda Canada Inc. v. Keays .......................................................... 854
RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc. ............... 866
Whiten v. Pilot Insurance Co.......................................................... 869
Note and Question ...................................................................... 872
(b) Certainty, Causation and Remoteness.............................................. 872
(i) Certainty............................................................................. 873
(ii) Causation............................................................................ 873
Hodgkinson v. Simms ................................................................... 873
(iii) Remoteness ......................................................................... 882
Hadley v. Baxendale ..................................................................... 883
Note and Question ...................................................................... 885
Victoria Laundry (Windsor) Ltd. v. Newman Indust. Ltd.................... 885
Questions ................................................................................... 889
Scyrup v. Economy Tractor Parts Ltd.............................................. 889
Note and Questions ..................................................................... 891
Koufos v. Czarnikow (C.) (The Heron II) ....................................... 892
Note and Questions ..................................................................... 895
(c) Mitigation.................................................................................. 896
Asamera Oil Corp. v. Sea Oil & General Corp. ....................................... 896
(d) Time of Measurement of Damages ................................................. 905
Semelhago v. Paramadevan .................................................................. 905
Notes............................................................................................... 910
Southcott Estates Inc. v. Toronto Catholic District School Board................ 911
Evans v. Teamsters Local Union No. 31 ................................................. 916
Note................................................................................................ 920
(e) Liquidated Damages, Deposits and Forfeitures .................................. 920
Shatilla v. Feinstein ............................................................................ 921
Questions ......................................................................................... 924
H.F. Clarke Ltd. v. Thermidaire Corp. .................................................. 925
J.G. Collins Insurance Agencies Ltd. v. Elsley ......................................... 933
Stockloser v. Johnson.......................................................................... 935
Super Save Disposal Ltd. v. Blazin Auto Ltd........................................... 939
4. Equitable Remedies ............................................................................ 942

(a) Specific Performance ................................................................... 942
John E. Dodge Holdings Ltd. v. 805062 Ontario Ltd. ............................... 944
(b) Defences to Actions for Specific Performance ................................... 948
(i) Mutuality of Remedy ............................................................ 948
(ii) Misrepresentation and Mistake ............................................... 949
CONTENTS xxviii
(iii) Conduct of the Plaintiff......................................................... 949

(iv) Hardship ............................................................................. 949
(v) Other Equitable Defences ...................................................... 950
(c) Injunctions ................................................................................. 950
(d) Contracts of Personal Service ........................................................ 950
Warner Bros. Pictures Inc. v. Nelson ..................................................... 951
(e) Interim and Interlocutory Injunctions .............................................. 956
Zipper Transportation Services Ltd. v. Korstrom ..................................... 957
Zipper Transportation Services Ltd. v. Korstrom ..................................... 958
TABLE OF CASES
0707448 B.C. Ltd. v. Cascades Recovery Inc., 2011 BCSC 1065.............................592
0856464 B.C. Ltd. v. TimberWest Forest Corp., 2014 CarswellBC 3902, [2014] B.C.J.
No. 3170, 2014 BCSC 2433 (B.C. S.C.), additional reasons 2015 CarswellBC 1598,
2015 BCSC 985 (B.C. S.C.).................................................................................146
1092369 Alberta Ltd. v. Joben Investments Ltd., 2013 ABQB 310 (Alta. Q.B.) .....353
11 Suntract Holdings Ltd. v. Chassis Service & Hydraulics Ltd. (1997), 36 O.R. (3d)
328 (Gen. Div.)....................................................................................................944
1193430 Ontario Inc. v. Boa Franc (1983) Ltée (2005), 260 D.L.R. (4th) 659 (Ont.
C.A.), leave to appeal refused (2006), 223 O.A.C. 396 (note) (S.C.C.) ..............455
1298417 Ontario Ltd. v. Lakeshore (Town) (2014), 122 O.R. (3d) 401, 36 B.L.R. (5th)
1, 31 M.P.L.R. (5th) 173, 326 O.A.C. 322, 2014 CarswellOnt 15958, [2014] B.C.J.
No. 2515, [2014] O.J. No. 5449, 2014 ONCA 802 (Ont. C.A.), leave to appeal
refused 2015 CarswellOnt 10068, 2015 CarswellOnt 10069, [2015] S.C.C.A. No. 43
(S.C.C.)................................................................................................................782
3081169 Nova Scotia Ltd. v. Lunar Fishing (New Brunswick) Inc., 2010 NSSC 147 .
.............................................................................................................................659
321665 Alberta Ltd. v. ExxonMobil Canada Ltd., 2012 ABQB 76 .........................811
321665 Alberta Ltd. v. Mobil Oil Canada Ltd., 2013 ABCA 221, additional reasons
2013 ABCA 326, leave to appeal refused 2014 CarswellAlta 62 (S.C.C.) ..........811
32262 B.C. Ltd. v. See Rite Optical Ltd., [1998] 9 W.W.R. 442 (Alta. C.A.) .........932
872899 Ontario Inc. v. Iacovoni (1998), 163 D.L.R. (4th) 263 (Ont. C.A.), leave to
appeal refused (1999), [1998] S.C.C.A. No. 476 (S.C.C.) ...................................256
968703 Ontario Ltd. v. Vernon (2002), 58 O.R. (3d) 215 (Ont. C.A.), additional reasons
at (2002) 2002 CarswellOnt 1420 (Ont. C.A.).....................................................455
978011 Ontario Ltd. v. Cornell Engineering Co. (2001), 198 D.L.R. (4th) 615, 53 O.R.
(3d) 783, 12 B.L.R. (3d) 240, 8 C.C.E.L. (3d) 169, 144 O.A.C. 262, 2001
CarswellOnt 1290, [2001] O.J. No. 1446 (Ont. C.A.), additional reasons (2001), 148
O.A.C. 250, 2001 CarswellOnt 2749, [2001] O.J. No. 3224 (Ont. C.A.), leave to
appeal refused (2001), 284 N.R. 199 (note), 158 O.A.C. 195 (note), 2001
CarswellOnt 3809, 2001 CarswellOnt 3810, [2001] S.C.C.A. No. 315 (S.C.C.)
.....................................................................................................................367, 518
A Schroeder Music Publishing Co. v. Macaulay, [1974] 3 All E.R. 616, [1974] 1 W.L.R.
1308 (U.K. H.L.).................................................................................................488
A.P. Parking Garage Inc. v. Pitcher (1996), 138 Nfld. & P.E.I.R. 123 (Nfld. Prov. Ct.)
.............................................................................................................................. 27
ACG Acquisition XX LLC v. Olympic Airlines SA, [2013] EWCA Civ 369 (U.K. C.A.
(Civ. Div.)) ..........................................................................................................666
Acadia University v. Sutcliffe (1978), 85 D.L.R. (3d) 115 (N.S. Co. Ct.)................. 35
Adams v. Lindsell (1818), 106 E.R. 250 .................................................................... 89
Ahone v. Holloway (1988), 30 B.C.L.R. (2d) 368 (C.A.) .........................................442
Air Canada v. British Columbia, [1989] 1 S.C.R. 1161............................................812
Ajayi v. R.T. Briscoe (Nigeria) Ltd., [1964] 3 All E.R. 556, [1964] 1 W.L.R. 1326
(Nigeria P.C.) ......................................................................................................231
Alderslade v. Hendon Laundry Ltd., [1945] 1 All E.R. 244, [1945] K.B. 189 (C.A.) ..
.............................................................................................................................534
Allen v. Ainsworth Lumber Co., 2011 BCSC 1707, additional reasons 2012 CarswellBC
411 (B.C. S.C.), affirmed 2013 BCCA 271 (B.C. C.A.) ......................................761
xxix
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would not stay here and moan myself to death if I were you. What do you say
to that, my friend?” said Warren, tapping his friend on the shoulder, one
summer evening as he saw how sad and lonely Paul was. Warren’s sympathetic
heart went out to his friend. It grieved him sadly to see his lonely friend, as
Paul was never seen to smile since his mother’s death.
It was nearly a year since the opening of our story. All nature was dressed in its
mantle of green when Paul decided to travel. The evening before he was to
start he sat in the library with his head in his hands thinking of the past. A
light rap sounded on the door, which brought him back to the present, and
bidding the knocker come in Pompey put his wooly head in the room and said,
“Massa berry busy? I’s like to talk wid you a little while before you goes away,
as you go so early in de morning, so I’s just come now to see you.”
“All right, Pompey, take a chair and tell me all the news.”
“I fear I has sad news for you, as you will get sad from what I’s got to tell you.
I’s lived here ever since you was a child. Well, I first lived with Missus’ fodder,
and when Missus got married I just came and lived wid her, so you see, Massa
Paul, I just knows nearly all de history of your fodder and modder. Well, I
suppose you would like to have me tell something about them?”
“Yes, Pompey, tell me all you know about them,” answered Paul, all animation
to hear something about his parents.
“Well, just before Missus died she told me there was a little tin box for you in
de garret, and I was to tell you all I knows about her.
“Your modder was a lady—a perfect lady—and your father a gentleman, and a
baronet’s son in England. Your fadder had a fust lub, and your mudder caught
him looking at a picture of a sweet face and head all curls—a pretty face it was,
too. It made Missus very angry and she wanted him to burn it up, but he
wouldn’t and they quarreled often about it. He told Missus it would not be any
harm to her if he did keep it—the original was dead. But he could not give up
the picture. Well, Missus was bound to have her way, so she stoled de picture
and burned it up, and when Massa found it out he just came to me and told
me what I told you under de tree. I told him to just stay, but he said, ‘No, no, I
never can be trampled on by a woman. We cannot lib peacefully together and I
will go and lebe her for a while.’
“I do not think he intended to stay away always. Massa Paul, you are just like
your fodder in every respect. You just look and act like him. Your fodder was a
British soldier and when he went to Boston with the regiment your mother
saw him and just fell in lub wid him ober head and ears. Well, he was a
baronet’s son and she a beautiful lady wid lots of money—as your fodder
supposed. Well, he was deceived, and Missus just let him think what he might.
I does not think your fodder lubber your mudder very much; and your mother
—beautiful and rich—he thought so—he just married her for she loved him
fondly; but she had such a temper and did not care what she said when mad.
Well, in their last quarrel she just up and told him she wished he would go
away, as she wished nebber to see his face any more, and he just up and went
away. But I always thought he would come back. Wid de money out de army
he bought dis big farm and bringed Missus to lib wid him here, and all Missus’
fodder had to gib her was me and my ole woman. Just before he left he went
and deeded de farm to Missus, free from all incumbrance, and told me to take
care of you. Dat is all I knows about your fodder.
“Your mudder neber was de same woman as before; she would not quarrel wid
anyone, and was just as docile as a lamb. If she had been so when Massa was
here he never would hab went away. I’s sure ob dat, as he cried like a great
baby when he bid me goodbye. Now, Massa Paul, let me get de ole tin box an
see what is in it. May be dar is something in it you would like to see. Come,
Massa, is you dreaming?” exclaimed Pompey, seeing Paul sitting like a statue,
gazing absent-mindedly before him into the deep shadows of the room.
“My dear man,” answered Paul, extending his hand to his servant, “I see
clearly why mother always avoided telling me anything about my father, as she
knew she had done wrong and was afraid to lose my respect, as she knew I
dearly loved her.
“Pompey,” said Paul solemnly, “she was a kind and loving mother to me.”
“Yes, Paul, I’s seed her sit and cry ober your little curly head many a time and
say, ‘I love my baby and I will never let him see my temper;’ and I guess she
never did. Shall we get de box tonight, or leave it until morning? Den you can
see to read better,” said Pompey, getting up and yawning.
“We had better get it tonight, as I do not wish to let everybody know what
there is in the box,” answered Paul, getting up and taking the candle and
opening the library door.
They went up stairs and out into a little hall leading to the garret, Pompey
leading the way.
“Gosh, Massa, I just guess there has been nobody up here in a long time, as de
cobwebs are so thick I can just cut them down. Golly, Massa, what a hole to
put treasures away in,” said Pompey, pulling the cobwebs out of his woolly
hair.
He set the light down and opened a closet on his right, and after searching a
long time he exclaimed, “Dar is noffin here in dis hole but cobwebs and dust
and mice nests”—jerking out a handful and throwing it on the floor. “I just
like to know where dat box is,” said he, taking up the light and viewing the
place critically.
Pompey exclaimed, “Paul, if your mudder has hidden anything she didn’t want
everybody to find we will find it in a little closet made purposely for it and well
covered up from prying eyes.”
He was looking carefully around and hitting a cleet which hung loose from the
wall he espied a little door in the side, which the cleet covered up entirely
unless it was struck or run against.
“I think I have found the place where it is hidden,” said Paul, opening the
door and viewing the interior.
The wall was covered with dust, and at first he did not discover anything that
looked like a box. Just as he was giving up the search he espied a little hole in
the wall, and thrusting in his hand he drew out a little box the size of a cigar
box.
“I have found it at last,” said Paul, handing it to his servant.
He knew there was something in it which would deeply affect him. He closed
up the place and they went down stairs without speaking. They went directly to
the library and Pompey set the box on the table as he said, “Golly, Massa, what
do you suppose dar is in this box that your mother took such pains to hide it?”
“I do not know,” answered Paul, “I dread to open it. Something seems to tell
me it will make me more deeply in trouble than I am now. But, Pompey, that
box must be opened,” said the young man, getting up and taking the box in his
trembling hands.
He viewed it over and saw it opened with a peculiar spring. He touched it and
the cover flew up and disclosed the contents. He drew the papers out one after
another until all lay on the table. He discovered a picture case, and opening it
the fair face of a young girl about eighteen met his view. He gazed at it a
moment and in a trembling voice said, “It is like her; the same dreamy eyes
and head. Who can it be?”
He took out the picture and in the case were the initials, M. H., and a small
tress of auburn hair. He put it back in its place of concealment as he said, “My
God, here is a mystery I cannot solve. It must be the picture Pompey
supposed burned.”
As he viewed the picture he exclaimed, “Just the same form and features. I will
keep this as my own, and if I can find her or any one it resembles I will show it
to her. I am bound to find out this mystery sooner or later, as ‘where there’s a
will there’s a way.’”
CHAPTER VII.
After placing the picture carefully in his pocket he picked up the papers one by
one and read each of them carefully. The first proved to be the marriage
certificate of his parents; the second and several others the receipts of the
interest paid on the mortgage before spoken of; the last was a letter in the
familiar handwriting of his mother. With the trembling hands he opened it. It
read thus:
“My dear son and only child: My career on earth is nearly run; I feel it
my duty to make an explanation. I sincerely hope I may find courage
to tell you all about your father and the secret mortgage, but if
anything should happen this note will be found and explain my
strange conduct. This mortgage was given when you were small. I
have tried to pay it but could not get enough money ahead, as it took
so much money to pay doctor bills and hired help. I gave the
mortgage to save my father from prison. He promised to pay it, but
never did, and I have only managed to pay the interest on it. The face
of the mortgage is three thousand dollars. I did not care to let
everyone know there was a shadow over your birthplace, so I have
kept it a profound secret. The mortgagee and our old servants are the
only beings who know of it. My dear son, I have taught you to be a
good farmer, and I pray to God you may be able to raise the
mortgage when it becomes due. It was given for twenty years at ten
per cent. interest. I would have told you before now, and perhaps we
could have paid it. But I could not; I have always told you it was free
from debt and I deeded it to you as the same. God forgive my
weakness! I was born a deceptive child and I have lived a deceitful life
the last twenty-five years. I loved your father, as noble and kind a
husband as ever lived. I deceived him cruelly, and after our marriage I
quarreled with him about a picture he had, and finally to torment him
I told him I had burned it. It made him very angry. One day he went
to the village and I never saw him any more. My child, I feel as if he is
alive and if you ever meet him give him the picture and ask him to
forgive me. Tell him I died loving him and our child, he who has
never seen me out of temper. My son you will never see these lines
until I am clasped in death’s repose. I have erred, but I must die. As
God forgives his erring creatures I pray of you to forgive me.”
Your affectionate mother.
As Paul folded up the letter tears were falling on the table, and he exclaimed
aloud. “My mother, Oh, my mother! if I had only known your trouble I could
have made it lighter for you to bear. I freely forgive you in all. Who would not
forgive a mother’s errors?—she who has borne many trials for us while
young.”
“Massa,” exclaimed Pompey, breaking in on Paul’s murmurings, “you is just
like your fadder; he would have forgiven her if she would have done what was
fair by him after they were married. You see she liked to torment him, and she
did, once too often. Well, Paul, is you going away tomorrow now?” asked the
negro, looking fondly at his young master.
“Yes, Pompey, I am going if nothing happens to prevent me, as I have a great
mystery to solve and I cannot do it if I stay here.”
“Why Massa, de ’riginal ob dat picture is dead; Massa told Missus so; I heard
him tell her.”
“My man, there is a mystery about it and I must find it out!” exclaimed the
young man in a decisive tone.
He placed the papers carefully back and handed the box to his servant, saying,
“Keep this carefully, Pompey, as by and by the papers will be of great
importance to me.”
“I will do as you tells me,” answered the servant, taking the box from his
young master’s hand.
Many injunctions were given for the future, then each one returned to his
respective chamber, but not to sleep, as Pompey was thinking of his young
master, who was going away early the next morning and would not tell him
where he was going or when he should hear from him.
“Poor soul, I’s afraid he will neber come back. Oh, how I lub dat boy. May de
good Lawd watch ober him and keep him from bad company!”
Thus the negro mused until daylight dawned.
Paul threw himself on the bed but could not sleep. He was deeply troubled as
he lay thinking of his mother’s troubles, the mortgage, and lastly of his journey
on the morrow, and as morning dawned he had made up his mind where he
should go.
“I do not care; I will take the stage for New York and trust to Providence for
the rest.”
Thus he pondered until the servant’s bell rang.
He hastily dressed and went down stairs. As he made his appearance earlier
than usual Pompey said, “Guess you did not rest bery well, Massa?”
“No,” answered Paul, “I did not. Please hurry breakfast, as I have a long ride
this morning, Pompey, and should be on the road.” Soon breakfast was ready,
and after eating Paul bade his servants goodbye and started for the village.
Soon the same stage that bore Nettie on her homeward journey bore the sad,
broken-hearted young man from his once happy home. One desire caused him
to travel. Perhaps he would be able to find a person who resembled the picture
he had closely hidden in his pocket, or, find his lost love.
It was a year since Nettie returned home. Time drearily passed by and brought
momentarily each day the same longing thought: “Where is Paul?” She had
read of Paul’s mother’s death in the village paper and it deeply grieved her to
hear that he was all alone with no relative to bear the sorrow with him—no
one to console him in this trial. Warren had written her a letter, stating Paul
had started to the city.
She murmured as she sat in the little arbor by her home, “Oh, God, why did I
leave him as I did; he is alone, all alone; no kindred friends to comfort him;
Oh, why did I leave him?”
She was weeping piteously when a hand was laid on her head, and the owner
said, “Found at last, my own. Were you weeping for me?” asked the manly
voice by her side.
Nettie looked up in the manly face as she answered, “Forgive me, love, for
doubting you.”
She was overcome with joy, and fell fainting at his feet. He picked her up and
bore her into the cottage.
As he laid her down on the lounge he called, and Nettie’s mother came to her
side. As she returned to consciousness Paul stood motionless, gazing at the
mother and daughter.
“Can it be!” he exclaimed aloud.
“Can it be what?” asked the mother, looking up at the young man for the first
time, as she had been busily applying restoratives to her child and had
forgotten everything else, whom she had never seen in this condition before.
She noticed how thin and pale Nettie had grown lately, and it grieved her
deeply.
When she looked at the stranger she turned as white as her daughter and sank
on the floor by the side of the lounge.
“Sir, why did you come here? What have I done to be persecuted in this way,”
she asked.
She was gazing wildly at him, and it troubled him very much.
“My dear madam, you are laboring under a great mistake, as there is a mystery
here we must try to solve,” said the young man, taking the picture out of his
pocket and handing it to her saying, “Madam, did you ever see this?”
She took it with trembling hands and opened it and exclaimed passionately,
“Sir, where did you get this?”
“It was left in a little tin box for me by my mother,” answered Paul.
“How came she to have it? It was my picture I gave to a young man many
years ago. It is the same one, as here is the lock of hair and the initials of my
maiden name,” said the lady as she sat gazing at it earnestly and deeply
thinking.
It brought back memories of the past.
“How happy I was when I gave the picture to him; no shadow obscured the
fair horizon of my life; but time will change all things; babes will grow to be
men and women, and soon will grow to old age if God spares them to this
world of sorrow. I for one have borne many trials. Whenever cast down, the
thought will ever arise, ‘God doeth all things well.’ How strange it is that a
stranger should have a picture given to a friend twenty-five years ago,” said the
lady in meditation.
“Madam, it is strange, very strange indeed. It is a mystery. My father supposed
you dead and in time married my mother. Yet one of my servants told me my
father loved the picture so much that when he was told it was burned up he
went away and never has been heard of since. He left home when I was a babe
on my mother’s breast. I am going to find him if he is alive,” said the young
man vehemently.
“I must find him if he is in the land of the living.”
He bent over the couch where Nettie lay listening to her mother’s and lover’s
passionate words and she said, “My little love, your mother thinks she had
been deceived by my poor father, and now his son is trying to deceive her only
child. I am going away, and when I find my father or hear something definite
about him then I will return. All I ask is to prove faithful to me until I return.”
He pressed a kiss on her fair brow as he said, “God bless and keep you both
until I return.”
In a moment the door closed on the manly form of Paul Burton.
He went directly to the hotel where he was stopping and packing his little
wardrobe prepared to travel.
He thought of going to England but decided he would first go to the pleasure
seekers’ sea-side resorts.
Days and weeks went slowly by to the ones left in the cottage. At last it was
nearly Christmas; the inmates were looking out of the window at the people
hurrying along the thoroughfare. Presently the mother said, “Nettie, I wonder
if anyone thinks enough of us to give us something. Our little money is nearly
gone and what we have we cannot spare for niceties as it is all we have to keep
the wolf from the door.”
“God will provide for us,” answered Nettie.
“I wonder where Paul is today. It is a long time since he went away. Oh, if he
would only come back to us it would be all the pleasure I would ask. I care not
for presents. Oh, why does he not come!” exclaimed Nettie, looking wistfully
at her mother while the tears were springing to her eyes.
“My child, God grant that he may come back and bring good news. We can
only wait, watch, and pray,” answered the mother sorrowfully.
A few days after the above conversation they were looking out on the busy
people along the way. Many happy faces were to be seen. It was the long-
looked-for, happy day among the little children. One little one was standing in
the street viewing the shop windows when a runaway horse came dashing
along, and before she could have gotten out of the way a middle aged man
came running out of a shop near and caught her up in his arms, not soon
enough, however, to clear the danger as they were thrown down violently on
the sidewalk.
Mrs. Spaulding was the first to lend a helping hand, as it was just before her
door. Soon she bore the little inanimate form of the child into her own cottage
and laid her on lounge, where Nettie once lay, and began applying restoratives.
Soon she had the pleasure of seeing her open her bright blue eyes and feebly
ask for ‘mama.’
CHAPTER VIII.
“My dear little one, your mama will soon be here, as I have sent Nettie out to
see if she can find any one claiming you.”
Soon Nettie came with the parents of the child. How thankful they were to
find her not seriously hurt. The doctor said there was no bone broken, only
bruises, and she would be well soon. Many were the presents lavished upon
Mrs. Spaulding and Nettie.
The gentleman was bruised very badly. The first question he asked the
bystanders was, “Who is that lady who took the little one in the cottage.”
“It is Mrs. Spaulding, a widowed lady,” answered several people.
“How is the child? I tried to save the little one from harm, but I fear I have
not.”
A young man came up to where the people were huddled together, and seeing
the stranger sitting on the sidewalk he said, “What is the matter here?”
“A little girl came near getting killed by a runaway horse, and this gentleman
was badly hurt trying to save her,” answered one.
The young man came to him and extending his hand said, “Sir, please let me
help you up. You can bear on my arm, and I will help you to a place where you
can rest.”
The stranger was gazing earnestly at the young man, as he said, “Kind sir, pray
what is your name? Do not think me impertinent; you resemble a person I
know.”
“Paul Burton, of Pine Island,” modestly answered the young man.
“Pray, sir, what is your age?”
“Twenty-four my last birthday.”
“My son, my son, my babe I cruelly deserted years ago!”
Paul looked at the stranger critically as he said, “Is this my father who left me
in my faithful old servant’s arms, and cruelly deserted my mother and left her
broken hearted?”
“My son, I have done wrong, I admit, but my wife told me to go; she did not
wish ever to see me again. She burned a picture I had, and we quarreled like
many other hot headed people have done, and she told me to go, and I did. I
was very angry then, as my English temper had risen; but, my son, I am going
home to ask forgiveness, and be reconciled to her,” said the father, while his
tears were falling silently.
“My mother is dead: she died last spring. She gave me this to give to you if I
should ever see you,” handing him the picture, before refused him.
With trembling hand he took it. As his son gave him the letter in which Paul’s
mother said, “Tell him I died loving him and our child—he who never saw me
out of temper,” the father buried his head in his hands and wept like an infant.
“Oh, why did I let my temper get the better of me? My son I have done
wrong. I have wronged her and you. God forgive! I intended to return before
now. I went back to England. My father was sick and wished for me to stay
with him until he died. My mother was a frail woman, and I stayed till she was
placed beside my father. Then I started to come back. The merchant ship I set
sail in was taken by a pirate vessel, and I was left on an island with several
other people whom they did not wish to murder in cold blood, and I only
returned to England about a year ago. I thought of you and your mother many
and many a night and prayed to God to spare your lives until I returned home.
My son, can you forgive your poor wretch of a father, for I am your father by
the laws of nature?”
Paul wept violently. As soon as he could command his voice he said, “My dear
father. I forgive you, and you shall go with me to our faithful old servants and
to our sad home; sad indeed has that home been to me since mother died.”
“Thanks, my son, for your kindness. May God deal gently with you.”
They were walking slowly along, as the father was weak and could not have
walked without the aid of something to lean on. It was beautiful indeed to see
the father leaning on and protected by the manly arm of his son, whom he
deserted in childhood. Forgiveness is a blessing we all can bestow on our
fellow beings. As God forgives us we should in return forgive our friends and
neighbors. Soon they reached the hotel where Paul was staying. He had
returned from his tour the day before and until now was ignorant of his
father’s whereabouts. Before he started to England he desired to visit his lady
love, and was on his way there when he found his father. After seeing his
father well cared for he prepared to go on the street again.
As he went to his father’s side he said, “Have you looked at the picture yet?”
“No, my son, I do not care to. The original of that picture has long been dead,
and why should I care to draw back sad memories of the past?”
“Father,” said Paul, solemnly, “the grave may give up its dead: or, in other
words, she may be living. Are you positive she is dead?”
“My son, the ship she sailed in was wrecked, and none of her crew ever was
heard from, and of course she went to the bottom of the deep blue sea with
them,” answered the father sadly.
“You may be mistaken in the ship she sailed in. How did you find out what
ship she went in?”
“By my father, when I returned from the war. No, my son, there is no
happiness for me on earth but to live near my child,” answered the father
piteously.
“Cheer up, father. I have good news. If you were able to walk back the place of
that accident we would be able to solve this great deliverance satisfactorily. I
was going to the cottage where the child was taken, when I found you,” said
Paul, buttoning up his overcoat.
“My son, if you will order a horse and cutter I will go with you, as I am deeply
interested in what you have been telling me,” answered the father, getting up
off the couch.
He could scarcely stand without the aid of something, but it being Christmas
day he wished to give something to the poor children he saw gazing in at the
shop windows, and thus it was that he came to be near enough to save one
little one from death.
Soon his son came with a horse and cutter, and helping his father in, they went
down the street where they first met, three hours before. Soon the cottage
door was reached. Paul kindly helped his father out of the cutter, and told the
driver to call for them in an hour.
They hurried up the steps to the cottage door, and tapping lightly, Nettie bid
them come in. Mrs. Spaulding was in the parlor where the child and her
parents were, and as soon as Nettie saw who the newcomers were she ran
lightly to her mother as she said:
“Mother, there is a gentleman in the sitting room anxious to see you.”
Mrs. Spaulding came in, and Paul said, “Mrs. Spaulding, this is my father. We
have called to see how the little girl is getting along.”
Mr. Burton, senior, came to the lady and said, “Minnie, is this you, who I
thought dead so many years? My son has given me a happy surprise this
Christmas day.”
Mrs. Spaulding stood as one in a trance. Finally she said, “Sir, how came you to
think I was dead?” She spoke sorrowfully.
“Dear lady, or my dear Minnie, (if I may call you so as of old) when I came
home from the army my father told me you had sailed in the vessel that sank
off the coast of S——, and as none of the crew lived to tell the sad tale, I
supposed you suffered the same fate, as I could not get any trace of you in
Liverpool.”
“No,” answered the lady, “your father was mistaken in the ship, as we landed
safe, and I am among the living, as you see.”
As she extended her hand he grasped it and pressed it to his lips and said,
“Mrs. Spaulding, my first and only love, forget the past and let us be friends as
of old. My son has doubtless told you of my past life—how I left his mother
when he was a babe and I have been a wanderer from my home ever since. I
am very sorry. My past conduct does not deserve any kindness from my noble
son. He tells me my wife died loving me, who does not deserve the love of any
one. I married her because she loved me and I supposed her rich; and thinking
you dead, desired to try to be happy with her; but it was not to be. She saw
your picture, and it made her angry to think I had loved one before her. She
wanted me to burn it. We had a few words about it, and she told me to go and
never let her see my face again. I went away. I was going home now to ask her
forgiveness when I met my son, he who I left in my old servant Pompey’s
arms. As God is my witness, what I tell you is the truth. Will you forgive me,
Minnie, and let the past be forgotten?” said Mr. Burton, taking the hand of the
lady and looking fondly in her face.
“Paul, can it be that after twenty-five years we are to meet in the presence of
our children?” said the lady, sinking on the breast of her old lover.
“Mother and father,” said both the young people, advancing towards them
from the parlor, “give us your blessing, and God grant we may all be happy
together this ever-to-be-remembered Christmas.”
“What say you, my love,” asked the senior Paul Burton. “God bless you, my
children! May the blessing of God ever fall on your pathway and strew it with
flowers,” said the father, placing Nettie’s hand in that of his son. “And if your
mother will be my wife we will begin our lives anew.”
“One week from today; what say you, Minnie?” said the gentleman.
A letter was written then and two days before New Year’s they started for that
place, and when it became known at the house of Paul that he was going to
bring a wife home, and had found his father, what a hustle-bustle there was
among the servants to make everything look its best. Pompey said, “Paul is
coming home wid his fadder and wife, and day shall see what a good ole man
and woman Paul left to see to things. Golly, I’s in hopes she’ll be a better wife
to him than his mudder was to his fadder.”
They did not know yet that the father was going to fetch a wife with him, as
that part was kept a secret, yet all the people about knew that Paul was coming
home with a wife and that he had found his father, who they all supposed
dead.
All was made ready at the farm house for the wedding. Just as the sun was
going down New Year’s evening the two couples came. Many kind greetings,
were exchanged between the parties, and Paul’s father was kindly received by
all.
Soon the minister came, and Paul and Nettie were made one, and the minister
was closing the book when Paul, senior, said, “One more couple is waiting to
be united.”
All eyes were turned to see who they could be, when he went to Mrs.
Spaulding and extending his arm they went before the minister and were
united. Only one person there had an idea who the second couple could be,
and that was John Hilton. He recognized Paul Burton, senior, but did not
mention it, as he did not wish his sister to know his thoughts. Happy were all
the friends on that New Year’s day.
The next morning the newly married couples went over to their home, where
Paul Burton, junior, called his servants together and told them they had a new
mistress, and he wished them to obey her and also his father’s wife. They all
seemed delighted.
Paul, senior, stayed until spring, then he took his wife over to England to live
there on the estate left him by his father.
Some ten years later we enter the home of Paul Burton, Jr. Two little curly-
headed boys are playing on the floor, and the mother, a frail, sickly little being,
was sitting in the arm chair where Paul’s mother used to sit. Traces of tears
were on her pale cheeks, when a familiar voice said, “Cousin Nettie, why have
you been weeping?”
“Oh, Warren, I suppose our house is to be sold if we can not raise the balance
of the mortgage. The mortgagee is a cold stern man, and will not give Paul
one day’s time on it, or part of it even. There is only five hundred back. I don’t
see how we can get it in five days. Oh, if I could only sell my manuscripts and
raise that amount, what a happy surprise I could give my noble husband,” said
Nettie, lowering her head on her hands and weeping violently.
“Nettie, let me see the manuscripts and perhaps I can dispose of them for
you,” said her cousin.
She went to a secret drawer and brought him the writings.
He read them through and told her he was going to the city and he would see
what he could get for them, promising her he would be back in four days’ time
to pay the mortgage. She made him promise not to let Paul know anything
about it.
“I have written them unknown to him, and when I could not do anything
else,” she explained.
Warren took the papers, and the same evening started for the city.
After Warren had gone Paul came home. He had been out to see if he could
raise the money. He was down hearted. He sat down by Nettie’s side as he
said. “In four days, we’re homeless if I cannot raise the money. If I only had
time to get it from over the water—but I cannot get it anywhere. Oh, Nettie,
what will we do? I have worked hard to pay this old debt, but it is impossible
for me to get that amount of any one, as I have sold everything we can spare
and the mortgagee will not release it so I can give another mortgage on it to
get the balance. Oh, dear, what shall we do?”
“Trust in God. He will not see us suffer,” answered his trusting little wife, as
she put her arms around his neck and kissed his fair brow. “God doeth all
things well.”
Time flew drearily away. Four days were gone; the fifth came bright and clear.
The mortgagee had come for his pay, and the five hundred remained unpaid.
With sad and sorrowful hearts the husband and wife sat, when a man drove up
to the door and handed the wife a package. She tore it open, and out rolled
eight hundred dollars. She handed it to her husband as she said, “A friend in
need is a friend indeed.”
“My dear, how did you come to get such an amount of money?” asked her
husband, while the tears stood in his eyes.
“My dear,” answered his wife, “I have earned it, when I was not able to do
anything else, with my pen, and by God’s help I have been able to help you a
little while you were doing all you could.”
“God bless you, my noble little wife.”
The mortgage was paid, and one little home was made happy; and a happy
surprise it was to this noble young farmer to think he had a lovely little
helpmate.
The End.
Transcriber’s Notes
The Table of Contents for this eBook was created by the transcriber for the reader's
convenience.
Except for the places noted below, spelling and grammar has been retained from the
original text
Pg. 5 - Corrected typo: Missing space inserted: “Warren,the eldest”
Pg. 5 - Corrected typo: ‘.’ > ‘,’: “pleasure it afforded. except”
Pg. 5 - Corrected typo: Missing ‘s’: “her cousin were”
Pg. 5 - Corrected typo: ‘boquet’ > ‘bouquet’
Pg. 5 - Corrected typo: “Her cousin. Nettie” > “Her cousin, Nettie”
Pg. 6 - Changed ‘surprized’ > ‘surprised’ to match rest of text
Pg. 8 - Corrected typo: ‘your’ > ‘young’: “What a handsome your man”
Pg. 9 - Corrected typo: ‘for’ > ‘far’: “wandered for out”
Pg. 9 - Corrected typo: ‘.’ > ‘?’: “great act of kindness.”
Pg. 11 - Added missing close quote at chapter end
Pg. 12 - Removed extra comma: “Why, does mother not tell me”
Pg. 13 - Missing ‘.’ inserted at paragraph end: “this little lady”
Pg. 13 - Corrected typo: “resolved never to do” > “resolved ever to do”
Pg. 14 - Corrected typo: “The depth of love I owe” > “The debt of love I owe”
Pg. 15 - Corrected typo: ‘.’ > ‘,’: “in the street. springing”
Pg. 16 - Changed Tis > ’Tis to match rest of text
Pg. 17 - Corrected typo: ‘boquets’ > ‘bouquets’
Pg. 19 - ‘?’ moved inside quote: “where is cousin”?

Pg. 20 - Corrected typo: ‘.’ > ‘,’: “No. no, I can not”
Pg. 20 - Corrected typo: single quote to double: “since Monday?’”
Pg. 21 - Removed extraneous single quote: “‘As he spoke he”
Pg. 22 - Removed extraneous opening quote: ““Warren saw he was”
Pg. 22 - Missing double quote inserted at paragraph end: “packing your trunk.”
Pg. 30 - Corrected typo: ‘then’ > ‘than’: “sooner then”
Pg. 31 - Changed double quotes to single: ““no” for an answer”
Pg. 32 - Removed extraneous opening quote: ““Nettie was speaking”
Pg. 33 - Corrected typo: ‘sustaine’ > ‘sustain’
Pg. 33 - Added missing ‘.’: “in this country”
Pg. 33 - Removed extraneous closing quote: “from the story.”
Pg. 34 - Corrected typo: ‘farwell’ > ‘farewell’
Pg. 35 - Corrected typo: ‘abscence’ > ‘absence’
Pg. 35 - Added missing opening quote: “The young man”
Pg. 35 - Corrected typo: “here in America” > “here to America”
Pg. 41 - Removed extraneous closing quote: “about her.””
Pg. 41 - Changed nested quote marks to single: ““No, no, I never ... for a while.””
Pg. 42 - Removed extraneous closing quote: “dearly loved her.””
Pg. 43 - Missing closing quote added at paragraph end: “from prying eyes.”
Pg. 45 - Corrected typo: ‘sincerly’ > ‘sincerely’
Pg. 46 - Added missing comma: “to his servant, saying “Keep”
Pg. 46 - Corrected typo: ‘bourne’ > ‘borne’
Pg. 47 - Corrected typo: ‘drearly’ > ‘drearily’
Pg. 49 - Corrected typo: ‘friends’ > ‘friend’: “to a friends”
Pg. 49 - Corrected typo: ‘passonate’ > ‘passionate’

Pg. 50 - Corrected typo: ‘hr’ > ‘her’
Pg. 51 - Changed single quote to double to match end: “‘Who is that lady”
Pg. 52 - Added missing ‘.’: “see me again She burned”
Pg. 53 - Missing closing quote added at paragraph end: “of the past?”
Pg. 55 - Added missing opening quote: “And if your mother”
Pg. 56 - Corrected typo: ‘ond’ > ‘and’

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Contracts Cases and Commentaries

10th Edition Ben-Ishai

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suggestions from his colleagues at the University of Alberta, particularly

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American Law Institute’s Restatement of the Law, Second: Contracts

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The Law Reports

Legal Essays and Addresses (1939)

The Limits of Freedom of Contract (1993)

Lloyd’s List Reports

Mistake in Equity: Solle v. Butcher Re-examined

New Brunswick Reports (Second Series)

Newfoundland and Prince Edward Island Reports

Nova Scotia Reports (Second Series)

North Western Reporter

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The Path of the Law

Privity of Contract: Contracts for the Benefit of Third Parties (1996)

The Reliance Interest in Contract Damages

Report on Amendment of the Law of Contract (1987)

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Chapter 1 An Introduction to the Study of the Law of Contracts ................ 1

1. The Classical Theory of Contract.......................................................... 2

2. The Intersection of ‘‘Private” and ‘‘Public” Law ...................................... 3

3. ‘‘Freedom of Contract”: Reality and Regulatory Response ......................... 4

4. ‘‘Freedom of Contract”: Common Law Response ..................................... 7

5. What Promises Are Enforceable? .......................................................... 9