It simply means that the Community judicature must look to the national systems for inspiration in devising a regime of non-contractual liability adapted to the specific circumstances of the Community .'
12.
Gilmore finishes the chapter by discussing the reception of the policy of absolute contractual liability in " Paradine v Jane " into the law of Massachusetts, and the Holmesian theorists disdain for the condoning of special damages in " Hadley v Baxendale ".
13.
*" Trinidad Cement Limited and TCL Guyana Incorporated v Republic of Guyana " [ 2009 ] CCJ 5 ( OJ ); 75 WIR 327 : The Court accepted the principle that a State may incur non-contractual liability for damages for breach of the Revised Treaty.
14.
Kawashima does not spell out that the contractor will be excused from contractual liability by an act of God under Art 415 of the Code, and the novice needs the guiding hand of academic theory to readily draw that implication from the words of the provision.
15.
They also claimed damages under the rules of extra-contractual liability contained in the " Civil Code of Quebec ", contending that Cinar and its principals had breached their obligations of good faith and loyalty, and that in doing so they knowingly caused damages to Robinson and Nilem.
16.
A denial of contractual liability in all instances where the parties are not in agreement could result in undue hardship for a party who has incurred expense in reasonable reliance on the existence of a contract, and would, furthermore, greatly affect the general reliability of contractual commitments.
17.
But, as the term " public and general " implies, a more general regulatory enactment whether it be the Legal Tender Acts involved in Deming, supra, or the embargo on shipments of silk by freight involved in Horowitz cannot by its enforcement give rise to contractual liability on the part of the Government.
18.
The issue was whether a provincial statute which altered the contractual liabilities of a benevolent organization, reducing its financial obligations to two individuals, was within the constitutional authority of the province of Quebec under the " Constitution Act, 1867 " ( formerly known as the " British North America Act, 1867 " ).
19.
Contractual liability, reflecting the constitutive function of contract, is generally for failing to make things better ( by not rendering the expected performance ), liability in tort is generally for action ( as opposed to omission ) making things worse, and liability in restitution is for unjustly taking or retaining the benefit of the plaintiff's money or work.
20.
139 . Subject to some other rule ( such as that of undisclosed principal ), where B and C are the contracting parties and A is not, there is simply no justification for holding A responsible for B's contractual liabilities to C simply because A controls B and has made misrepresentations about B to induce C to enter into the contract.
