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Featuring the most popular critical legal trends covered in the 4th edition of his standard-setting Government Procurement textbook, The Legal Foundations stream out of Paul Emanuelli’s Canadian Law Series covers the main administrative and commercial law duties and remedies that apply to the government procurement process in court-based tendering disputes.

Administrative Law and Judicial Review

Covering the rise of judicial review, this module explains how administrative law fair process duties are applied to government procurement and surveys the range of potential judicial review remedies including injunctions, re-evaluation rulings, and contract termination orders.

Commercial Law and Contract A

Summarizing the Contract A tendering law analysis and remedies, this module provides an overview of: (i) the creation of Contract A and the duty of fairness; (ii) the key indicators of Contract A; and (iii) the Contract A remedies of bidder lost profits and forfeited bid security.

Negligence in the Tendering Cycle

Highlighting the key factors that trigger project delays and extra cost claims, this module explains how the tort-based laws of negligent omission and misrepresentation apply to the bidding process.

Critical Legal Trends

Synthesizing recent federal, provincial and broader public sector case law developments across Canada, this module covers the critical legal trends impacting public procurement across Canada and places those legal developments within an international context.

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