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Contract Trumps Tort, But Which One Comes Up Spades?
October 01, 2008
"Contract trumps tort." Although succinctly stated, the principle
is much more nuanced than the quotation suggests. As this article
will explore, contract may trump tort, but only in the right
circumstances and between the right parties. This article was
published in Volume 34, Number 4 of the Advocates'
Quarterly, p. 475, and is reprinted with the kind permission
of Canada Law Book, a Division of the Cartwright Group Ltd.