Professor Tamara Buckwold Presents at National Canadian Bar Association Construction and Infrastructure Law Conference

Is failure to negotiate in good faith a breach of contract?

Law Communications - 08 April 2016

University of Alberta Faculty of Law Professor Tamara Buckwold participated in a panel on "Good Faith in Construction Contracts" at the CBA Construction and Infrastructure Law Conference in Banff earlier this month. Panelists discussed developments in contract law following the Supreme Court of Canada's landmark decision in Bhasin v. Hrynew, 2014 SCC 71. Professor Buckwold spoke on the implications of the decision with respect to the enforceability of agreements to negotiate in good faith to conclude a contract or establish contractual terms. If such an agreement is a contract, a failure to make genuine efforts to agree on terms may lead to an award of substantial damages. Professor Buckwold's article on the subject will be published in the Canadian Business Law Journal under the title, "The Enforceability of Agreements to Negotiate in Good Faith: The Impact of Bhasin v. Hrynew and the Organizing Principle of Good Faith in Common Law Canada" (2016 vol 58, forthcoming).