What is the impact of forgoing on a contingency contract?

British Columbia, Canada


The following excerpt is from Sun-Rype Products Ltd. v. Archer Daniels Midland Co., 2002 BCSC 379 (CanLII):

The analysis of risk concerns many aspects, including the difficulty establishing liability, the complexity of the case, the amount of work that might be undertaken without recovery, whether the lawyer is paying the disbursements or not and many other factors. The forgoing all bear on the assessment of risk and were mentioned by Levine J. (as she then was) in Randall v. Hope (1996), 7 C.P.C. (4th) 166 (B.C.S.C.), a case concerning the reasonableness of fees charged under a contingency contract.

Other Questions


Is a contract enforceable if the contract contains no representations, warranties, guarantees or promises other than those set out in this contract? (British Columbia, Canada)
What is the impact of a contingency fee contract on a plaintiff? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
Is an employment contract valid when the substratum of the employment contract has been eroded so that the contract does not need to be substantially eroded? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
What is the test for a contract where the contract states that a ship called the “Peerless” will not be delivered? (British Columbia, Canada)
When a contract is signed and signed, can a party who signed it before and at the time of the contract be found to have misrepresented the agreement? (British Columbia, Canada)
Can a contract be void from the start if both parties make a mistake in the construction of the contract? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.