1. Can behaving dishonestly in the context of a contract, i.e. one party not being honest “in relation to the performance of their contractual obligations,” become the cause of a breach of contract in common law of contract in Canada? Explain your answer and also refer to court evidence to support your explanation as to how you know it and why.
2. What is a ‘good faith performance’ according to which all contractual obligation must be carried on? Which Canadian court case clearly and firmly established that?
3. Can parties get out of their duty of acting honestly towards one another in a contract by excluding their ‘duty of acting honestly towards each other’ in a contract? Explain why? How do you know that?
4. In a ‘cost plus’ contract, what amount of additional charges on top of a reasonable cost will count as “dishonest”? How do you justify your claim? What concepts should be known before we can answer that question? Refer to a court case or a law if you can.

Notes:

1. You might want to look up Bhasin v. Hrynew, 2014 SCC 71 (here is the full court case just in case)
2. Provide detailed answers

Pre-flight checklist

The marking scheme

• Share a digital copy of your final paper with me via Google Docs (use my gmail address)
• Day 5 is the last day for this assignment (there will be a penalty for late submissions)