Mitchell McInnes, BA (Alberta), LLB (Alberta), LLM (Cambridge), PhD (Cambridge)

About

Professor Mitchell McInnes joined the Faculty of Law in 2005. He previously taught at the University of Western Ontario, the University of Melbourne, and Deakin University in Australia. He clerked at the Supreme Court of Canada and served as a Legal Research Officer with the Alberta Court of Appeal.

Professor McInnes writes in the area of private law. He is the author of The Canadian Law of Unjust Enrichment and Restitution and Fundamentals of Canadian Unjust Enrichment, co-author of Managing the Law: The Legal Aspects of Doing Business; Oosterhoff on Trusts; Oosterhoff on Wills; Fridman on Contracts; Fridman on Torts; Introduction to the Canadian Law of Torts; Cases and Materials on the Law of Torts; and Cases and Materials on the Law of Restitution; editor of Restitution: Developments in Unjust Enrichment; and co-editor of Understanding Unjust Enrichment.

In addition, Professor McInnes has published more than one hundred and fifty articles, comments, and reviews in leading journals, including the Law Quarterly Review, the Cambridge Law Journal, the Canadian Bar Review, and the University of Toronto Law Journal. His work has been relied upon by a number of courts, including the Supreme Court of Canada, the Supreme Court of the United Kingdom, the High Court of Australia, and the Supreme Court of New Zealand.

Professor McInnes has received a number of teaching awards, including the Rutherford Award for Excellence in Undergraduate Teaching and the Tevie H Miller Teaching Excellence Award. 

Publications

Research

• Unjust Enrichment
• Tort Law
• Contract Law
• Trusts
• Wills
• Remedies

LAW 410A - Contracts

A discussion of the prerequisites to the creation of contractual obligation: offer and acceptance, intention and certainty, consideration, the requirements of writing and capacity. The effect of misrepresentations and terms of the contract, together with the problems of exclusion clauses and of standard form contracts. Questions of discharge from contractual obligation on the grounds of mistake, undue influence, duress, unconscionable transactions and frustration. Remedies for breach of contract.

LAW 410B - Contracts

A discussion of the prerequisites to the creation of contractual obligation: offer and acceptance, intention and certainty, consideration, the requirements of writing and capacity. The effect of misrepresentations and terms of the contract, together with the problems of exclusion clauses and of standard form contracts. Questions of discharge from contractual obligation on the grounds of mistake, undue influence, duress, unconscionable transactions and frustration. Remedies for breach of contract.

LAW 580 - Trusts

A brief survey of the historical development of the trust. Definition and classification of trusts. Creation of express trust; the three certainties. Completely and incompletely constituted trusts. Secret, protective, discretionary and illusory trusts. Charitable trust and the rule against perpetuities. Cy-pres doctrine. Non-charitable purpose trusts. Implied or resulting trusts. Constructive trusts. Revocation, termination and variation of trusts. The appointment, retirement and removal of trustees. Duties, discretion and powers of trustees. Breach of trust.

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