Waivers: How Enforceable Are They?
Paul Cahill’s Summer 2022 article in OTLA’s Litigator on the enforceability of waivers in personal injury actions, with a detailed analysis of Arksey v Sky Zone Toronto.
August 1, 2022
Articles Tagged
Contract Law
Contract law occasionally intersects with the medical and healthcare context, and this tag is used for content addressing that overlap. While the physician-patient relationship is governed principally by the law of negligence and by professional regulation rather than by contract, contractual principles can arise in disputes over private healthcare services, agreements between practitioners or institutions, and the terms on which certain services are provided.
The distinction matters because a contractual claim and a negligence claim have different elements, remedies, and limitation analysis. Most patient claims for substandard care sound in negligence rather than contract, but contractual questions can feature in commercial disputes connected to the delivery of healthcare.
Posts tagged Contract Law analyze decisions and issues where contractual principles intersect with the healthcare and professional context.
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