This week the BCLI published its Consultation Paper on Proposals for Unfair Contracts Relief and at the same time posted an invitation for public comment on its proposals.
“Contract law has traditionally developed case by case in the courts”, noted Prof. Joost Blom, Q.C., chair of the BCLI’s Unfair Contracts Relief Project Committee. “This consultation paper gives the public the opportunity to participate in policy development on some important longstanding issues in the law of contracts.”
The consultation paper contains 46 proposals designed to modernize and clarify how the law of contracts deals with unfairness. Its leading proposal is for British Columbia to enact a Contract Fairness Act. This act would consolidate the major concepts that have evolved in contract law to guard against unfairness.
The consultation paper proposes clarifying the tests for unconscionably, duress, and undue influence and integrating how those concepts operate at the level of procedure and remedy. It proposes establishing an implied duty of good faith in the performance of contracts. And it proposes reforms aimed at modernizing the scope of and remedies available for misrepresentation.
The consultation paper itself, a backgrounder, and a comment submission form are available on the project website.