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Courses/Law/Litigation

Sattva and Contractual Interpretation: Trials and Appeals

The Standard of Review, Recent Cases, Implied Terms, and the Parol Evidence Rule.

Created byToronto Lawyers Association
5.0
(2 reviews)
BeginnerUpdated Apr 4, 2023
Sattva and Contractual Interpretation: Trials and Appeals

What You'll Learn

check_circleUnderstand the two key teachings of Sattva regarding contractual interpretation and their implications for trials and appeals.
check_circleExplore the role of the factual matrix in contract interpretation as emphasized in Sattva and its impact on the standard of review.
check_circleAnalyze the distinction between mixed questions of fact and law and how they inform a deferential standard of appellate review.
check_circleExamine the relevance of Sattva in practical legal scenarios, including its frequent citation by trial and appellate courts.

About This Course

The teachings of Sattva shall deal with four topics: the standard of review, some recent cases in England, the role of “implied terms”, and the parol evidence rule. From the perspective of contractual interpretation, Sattva provides two teachings:

  1. Contractual interpretation is not a purely textual exercise and draws heavily on the factual matrix (see in particular paras. 42-55). This provides some lessons for trials.
  2. Decisions interpreting a contract are generally questions of mixed fact and law attracting a deferential standard of appellate review (see in particular paras. 56-58). This provides some lessons for appeals.

The fact that Sattva is relevant to both trials and appeals is reflected by the number of times it has been cited: 517 times by trial courts and 379 times by appellate courts.

Presenter(s)

• Geoff Hall • Brandon Kain • John McCamus • Angela Swan

Your Instructor

Toronto Lawyers Association
Toronto Lawyers Association

Toronto Lawyers Association

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For more than 135 years, the Toronto Lawyers' Association, located within the Courthouse Library, has represented the interests of lawyers practising in the City of Toronto. The association was founded to support its members in three key areas: Knowledge, Advocacy, and Community. To uphold these pillars, the association offers a year-round mix of online and in-person education programs for lawyers, hosts both free and paid events to foster in-person networking, and submits advocacy pieces on behalf of its members to the Ontario bench and bar, all levels of government, and the broader public.

Credit Information

What Students Are Saying

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