What is the vulnerability of a commercial relationship between two parties of similar bargaining strength?
British Columbia, Canada
The following excerpt is from Gaukel v Buksh, 2021 BCSC 1751 (CanLII):
This vulnerability is seldom found in arm’s length commercial relationships between parties of similar bargaining strength, as the parties can protect themselves through contractual provisions: Frame v. Smith, 1987 CanLII 74 (SCC), [1987] 2 S.C.R. 99 (per Wilson J., dissenting) at 137.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
Does the testimony of a party or interested person have to be disregarded or discounted on the grounds that they have a personal or financial relationship with a party? (British Columbia, Canada)
Is a fiduciary relationship between parties determined by relationship rather than status or occupation? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
How have the courts in BC dealt with a claim for unjust enrichment and constructive trust in real property in a relationship where the parties were in a marriage-like relationship for seven years? (British Columbia, Canada)
What is the proper remedy in a common law common law relationship where the parties acquired a joint home as joint ownership of Crowe Road jointly owned by the parties? (British Columbia, Canada)
When a committed marriage-like relationship between the parties was at an end by April 1, 2005, when the parties ceased living together under the same roof? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
What is the impact of a long-term relationship between a parent and their children on the relationship? (British Columbia, Canada)
