Scots contract law has experienced extensive English influence, and much of it will be familiar to English lawyers. The differences which exist arise as a result of civilian influence on Scots law. The author focuses on three areas which differ significantly from English contract law: (1) mutuality; (2) specific implement; and (3) material breach and rescission. The first is a fundamental concept which, inter alia, allows an ‘innocent’ party faced with a breach of contract to withhold his or her own performance. The second is an area which has attracted significant attention from scholars outside Scotland. The author provides her own perspective, taking account of existing scholarship. The third issue involves the interplay of contract and unjustified enrichment remedies. Recommendations of the Scottish Law Commission, if enacted, will do much to improve this contentious area of law. The comparative perspective offered by this chapter highlights the solutions applied by Scots law to perennial contract law problems.
In this chapter, the author considers the theme of continuity and change in agency law against the backdrop of scholarship on the ancient and modern lex mercatoria. In the first of three parts she analyses the historic role of ‘factors’ in the sale of goods, drawing a loose analogy with the modern law of commercial agency within Europe. The following two parts focus on the central role of the agent’s authority. She considers the role of custom and practice in establishing the agent’s authority, concluding that its role has waned over time. She then considers events such as the death or bankruptcy of the principal which, unknown to the agent, act to terminate that agent’s authority. Despite improvements in modern methods of communication, legal regimes continue to struggle to develop satisfactory rules to deal with this type of problem. Given that agency is often treated purely as a matter of fact, it can be difficult to discern the historical development of legal rules. Nevertheless, the chapter illustrates which themes in agency law remain constant over time.
Barb MacQuarrie, Katreena Scott, Danielle Lim, Laura Olszowy, Michael D. Saxton and Jen MacGregor
Domestic violence (DV) is increasingly understood as a workplace concern relevant to the safety of workplaces, the productivity of workers and human resource supports that should be available to employees. This chapter describes the emergence of DV as a workplace issue, profiles the results of Canadian surveys documenting the negative impact of DV victimization and perpetration on workers and workplaces, and outlines ongoing development in workplaces to raise awareness, advance prevention and workplace education initiatives, develop policies, craft new legislation, interpret existing legislation in new ways and secure entitlements for workers through collective bargaining.