The Supreme Court and the Law of Obligations

  • G. H. L. Fridman


In this article, Professor Fridman criticizes the Supreme Court of Canada for what he feels to be its lack of independence of thought and reasoning in its tendency to apply English precedents rather than to develop its own opinions in the area of contracts, quasi-contracts and torts. He recommends that the Court should analyse problems in depth at every opportunity afforded to it so as to provide greater guid ance for the lower Courts of Canada.