Editing Contracts/Fundamental breach
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==Canada== | ==Canada== | ||
The doctrine of fundamental breach has been “laid to rest”<ref>2010 SCC 4, para. 81</ref> by the Supreme Court of Canada in ''[[Tercon Contractors Ltd. v. British Columbia (Transportation and Highways)]].''<ref>2010 SCC 4</ref> In its place, the | The doctrine of fundamental breach has been “laid to rest”<ref>2010 SCC 4, para. 81</ref> by the Supreme Court of Canada in ''[[Tercon Contractors Ltd. v. British Columbia (Transportation and Highways)]].''<ref>2010 SCC 4</ref> In its place, the Court has created a three-step test to evaluate the application of exclusion clauses. The first step is to evaluate the exclusion clause in the factual context of each case to determine if it applies to the material circumstances. The second step is to evaluate if the exclusion clause was unconscionable at the time of incorporation. The final step is to evaluate whether the exclusion clause should not be enforced on public policy grounds. | ||
==See also== | ==See also== |