Common use of Common Law Clause in Contracts

Common Law. Authority to bind Crown, 3:14 Contract formation see Contract formation Crown liability in, 1:19, 1:20 Crown prerogative, as part of, 1:13 to 1:17 ‘‘Federal common law,’’ 13:8 Injunctions at, 12:23 Persons Crown liable for at, 1:22 to 1:28 Takings at TAKINGS AND COMPENSA- TION FOR See TAKINGS AND COMPENSA- TION FOR Charter see Charter of Rights and Freedoms Compensation obligation, 5:5 Constitutional limits on contract formation, 3:5 Court jurisdiction see Courts, jurisdiction of Division of powers provisions, 3:5 Federal law within s. 101, 13:9 Judicial structure created by, 13:2 S. 53, 3:5 Aboriginal people, 11:22, 11:23, 11:27 to 11:29, 11:33 to 11:39 Charter see Charter of Rights and Freedoms See Charter damages Generally, 3:1 Breach of contract see Breach of contract Contract formation see Contract formation, Crown and Performance issues see Breach of contract Pleadings and practice, 3:63 Remedies see Contract remedies Tendering see Tendering Types of disputes, 3:1 Generally, 3:3 Authority to bind Crown, 3:14, 3:15 common law authority, 3:14 cabinet, 3:14 Crown agent status, 3:14 legislative limits on, 3:15 Ontario Executive Council Act, 3:15 Capacity generally, 3:4 to 3:12 common law, at generally, 3:4 ‘‘Crown,’’ identity of, 3:4 rationale for Crown’s capacity as individual, 3:4 statutory prohibition, 3:4 sui juris requirement, 3:4 constitutional limits on generally, 3:5 agreements to pay compensa- tion, 3:5 British constitution, 3:5 Charter of Rights and Freedoms provisions, 3:5 Constitution Act, 1867 division of ▇▇▇▇▇▇ ▇▇▇▇▇- sions, 3:5 s. 53, 3:5 contracting out of mandatory statutory liability, 3:5 Crown expenditures, statutory authorization require- ment, 3:5 Crown-in-Parliament, restric- tions by, 3:5 executive/legislative necessity, doctrine of, 3:5 Financial Administration Act provisions, 3:5 Government Liability Law and Practice Capacity—Cont’d constitutional limits on—Cont’d non-fettering rule, 3:5 Crown contractual partners, of,

Common Law. Authority to bind Crown, 3:14 Contract formation see Contract formation Crown liability in, 1:19, 1:20 Crown prerogative, as part of, 1:13 to 1:17 ‘‘Federal common law,’’ 13:8 Injunctions at, 12:23 Persons Crown liable for at, 1:22 to 1:28 Takings at TAKINGS AND COMPENSA- TION FOR see Takings See TAKINGS AND COMPENSA- TION FOR Takings, compensation re Charter see Charter of Rights and Freedoms Compensation obligation, 5:5 5:1 Constitutional limits on contract formation, 3:5 Court jurisdiction see Courts, jurisdiction of Division of powers provisions, 3:5 Federal law within s. 101, 13:9 Judicial structure created by, 13:2 S. 53, 3:5 Aboriginal people, 11:22, 11:23, 11:27 to 11:29, 11:33 to 11:39 Charter see Charter of Rights and Freedoms See Charter damages Generally, 3:1 Breach of contract see Breach of contract Contract formation see Contract formation, Crown and Performance issues see Breach of contract Pleadings and practice, 3:63 Remedies see Contract remedies Tendering see Tendering Types of disputes, 3:1 Generally, 3:3 Authority to bind Crown, 3:14, 3:15 common law authority, 3:14 cabinet, 3:14 Crown agent status, 3:14 Authority to bind Crown, 3:14, 3:15 —Cont’d legislative limits on, 3:15 Ontario Executive Council Act, 3:15 Capacity generally, 3:4 to 3:12 common law, at generally, 3:4 ‘‘Crown,’’ identity of, 3:4 rationale for Crown’s capacity as individual, 3:4 statutory prohibition, 3:4 sui juris requirement, 3:4 constitutional limits on generally, 3:5 agreements to pay compensa- tion, 3:5 British constitution, 3:5 Charter of Rights and Freedoms provisions, 3:5 Constitution Act, 1867 division of ▇▇▇▇▇▇ ▇▇▇▇▇- sions, 3:5 s. 53, 3:5 contracting out of mandatory statutory liability, 3:5 Crown expenditures, statutory authorization require- ment, 3:5 Crown-in-Parliament, restric- tions by, 3:5 executive/legislative necessity, doctrine of, 3:5 Financial Administration Act provisions, 3:5 Government Liability Law and Practice Capacity—Cont’d constitutional limits on—Cont’d non-fettering rule, 3:5 Crown contractual partners, of,