About: Hunter Engineering Co v Syncrude Canada Ltd     Goto   Sponge   NotDistinct   Permalink

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Hunter Engineering Co v Syncrude Canada Ltd, [1989] 1 S.C.R. 426 is a leading commercial contract decision of the Supreme Court of Canada. The Court unanimously found that the companies that sold Syncrude faulty gear boxes were not liable for their poor design, however, the Court was divided on the test to determine when a fundamental breach could void a contract. The Court held that the limitation of liability clause was enforceable even in the case of a fundamental breach so long as it was clear in the language that it was within the intentions of the parties.

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  • Hunter Engineering Co v Syncrude Canada Ltd (en)
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  • Hunter Engineering Co v Syncrude Canada Ltd, [1989] 1 S.C.R. 426 is a leading commercial contract decision of the Supreme Court of Canada. The Court unanimously found that the companies that sold Syncrude faulty gear boxes were not liable for their poor design, however, the Court was divided on the test to determine when a fundamental breach could void a contract. The Court held that the limitation of liability clause was enforceable even in the case of a fundamental breach so long as it was clear in the language that it was within the intentions of the parties. (en)
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Dissent
  • Wilson J. (en)
docket
JoinDissent
  • L'Heureux-Dube J. (en)
JoinMajority
  • La Forest J. (en)
citations
  • [1989] 1 S.C.R. 426 (en)
majority
  • Dickson C.J. (en)
has abstract
  • Hunter Engineering Co v Syncrude Canada Ltd, [1989] 1 S.C.R. 426 is a leading commercial contract decision of the Supreme Court of Canada. The Court unanimously found that the companies that sold Syncrude faulty gear boxes were not liable for their poor design, however, the Court was divided on the test to determine when a fundamental breach could void a contract. The Court held that the limitation of liability clause was enforceable even in the case of a fundamental breach so long as it was clear in the language that it was within the intentions of the parties. (en)
case-name
  • Hunter Engineering Co v Syncrude Canada Ltd (en)
Concurrence
  • McIntyre J. (en)
decided-date
heard-date
NotParticipating
  • Estey and Le Dain JJ. (en)
ruling
  • Appeal dismissed (en)
SCC
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