Krish Maharaj


Krish Maharaj
Assistant Professor

Faculty of Law, University of Manitoba
Winnipeg, Canada, R3T 2N2
tel: 204.474.9030
fax: 204.474.7580

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Biography

Professor Maharaj is a private law scholar working in the areas of contract, equity, and civil remedies.  Originally from New Zealand, Professor Maharaj has a particular interest in comparative perspectives on private law issues from around the Commonwealth, and a particular interest in the introduction and promotion of Australasian research in equity to Canada.  His previously published works include articles addressing the regulation of exclusion clauses in Canadian contract law, and the arguably equitable character of “honest performance” requirement lately introduced into Canadian contract by the Supreme Court.

Professor Maharaj’s ongoing research engages similar issues in relation to the assessment and availability of civil remedies, and includes forthcoming publications on the possible recognition of a tort of “post-contractual deceit”, and mitigation of loss in contract.  Professor Maharaj’s work in mitigation stems from his doctoral work at the University of British Columbia, and is intended to culminate in the proposal of a novel framework for the resolution of issues in mitigation which will clarify both its operation and its relationship with related doctrines of cause and remoteness.

Teaching Areas

Research
  • Contract Law
  • Equity
  • Damages/Civil Remedies

Publications

2017 “An Action on The Equities: Re-characterizing Bhasin  As Equitable Estoppel”
Alberta Law Review (2017) 55:1 Alta L Rev 199

2014 Book Review – “Account of Profits by Peter Devonshire”
Osgoode Hall Law Journal, February 2014 (2013) 51:1 Osgoode Hall LJ 329-333

2012 “Limits on the Operation of Exclusion Clauses”
Alberta Law Review. Published March 2012 (2012) 49:3 Alta L Rev 635

Presentations

2017 “Cleaning the Slate – Debunking Misunderstandings About Mitigation”
The Canadian Law of Obligations: Innovations, Innovators, and the Next 20 Years. May 5 – 6 at the Peter A. Allard School of Law – University of British Columbia 21st Annual Interdisciplinary Graduate Students Law Conference: “A New Model for A New Century: The Making of a Modern Law of Mitigation”

2015 “As it was in the beginning, so will it be in the end: Honesty and good faith in Anglo- Canadian private law”
20th Annual Interdisciplinary Graduate Students Law Conference, Peter A. Allard School of Law – University of British Columbia

2012 “The Price of Pilfered Opportunities – When Gain Based Remedies Are an Appropriate Response to Breach of Contract.”
6th Annual International Graduate Legal Research Conference, King’s College, University of London

2011 “Responsibilities that Can’t be Shirked.”
16th Annual Interdisciplinary Graduate Students Law Conference, University of British Columbia

Awards

 

2017 Just Desserts Award for Exceptional Service to The Community Alma Mater Society & The UBC Alumni Association
University of British Columbia

2016 Peter A. Allard School of Law Graduate Scholarship
University of British Columbia – Peter A. Allard School of Law

2014 Four Year Doctoral Fellowship
University of British Columbia – Faculty of Graduate Studies

2011 Law Foundation Fellowship
Law Foundation of British Columbia

2010 Spencer Mason Travelling Scholarship in Law
Spencer Mason Trust – New Zealand

2007 Dean of the Business School’s Award for Excellence in Student Organization (Received in conjunction with executive committee of the club)
University of Auckland

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