Primer On Contract Interpretation (Part 3)

In two earlier posts (see here and here), we reviewed the Alberta Court of Appeal's guidelines to assist with basic contract interpretation (in Bhasin v. Hrynew). In this post we wrap up our primer on the Court's guidelines. According to the Court:

• Mental suffering is not compensated in contracts law (the only caveat is whether "harsh modes of termination" might trigger damages in the case of an employment contract).
• What if one of the parties is at a significant disadvantage in bargaining power? Where two parties are negotiating and there is some inequality in "bargaining power, need, or knowledge", that alone is not enough to justify an amendment to the terms of a contract. However, the court might be willing to step in and amend the terms of a contract in the case of "actual unconscionability". What does "unconscionable" mean? It depends.... Here's an example: In the recent case of Maloney v. Dockside Marine Centre Ltd., 2013 BCSC 395, an exclusion