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Drafting an Irish Frustrated Contracts Act: Lessons from British Columbia

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Chapter Summary

The British Columbia Frustrated Contracts Act is different to the English Law Reform Act 1943. In 1948, the Conference of Commissioners on Uniformity of Legislation in Canada adopted the English Frustrated Contracts Act 1943, with some minor modifications, as a model Act. The 1948 Uniform Frustrated Contracts Act was subsequently adopted in every common law Canadian state except British Columbia, Nova Scotia and Saskatchewan. Section 5 of the British Columbia Act is probably the most important part of the Act, as it provides for the adjustment of the rights and liabilities. The method of restitution contemplated by section 5(2), with the wide definition of a 'benefit' in section 5(1), is fairly straightforward. An example of such a straightforward application of the Act can be seen in KBK No. 138 Ventures Ltd. v. Canada Safeway Ltd. Section 5(4) of the British Columbia Act provides for the apportionment of certain losses incurred.

Keywords: British Columbia Frustrated Contracts Act; Canadian state; common law; English Law Reform Act 1943; restitution



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