Contract Trumps Tort, But Which One Comes Up Spades?

"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.