Misrepresentation and 2nd Edition (Dis)Honest Performance in Contracts

Although it is a frequently-argued doctrine and has had a significant impact in numerous cases, there are not many books dedicated exclusively to misrepresentation, and none on the Canadian law. In the second edition of Misrepresentation and (Dis)Honest Performance in Contracts, author Bruce MacDougall examines the role of the doctrine of misrepresentation in Canadian common law jurisdictions.

The law of misrepresentation is fairly complex – though it does not fall squarely within contract law, it can have a considerable effect on a contract, in some instances making it voidable. This voidability, leading to relief through rescission, is both a cause of action and a defence. The book also examines when a misrepresentation leads to tort damages for deceit and negligent misrepresentation in contracts contexts. It details the parties involved in misrepresentations, both in terms of makers and of recipients of such statements – that is, representors and representees.

In addition to providing thorough coverage of the law of misrepresentation, this book also deals with the "duty of honest performance", a principle first recognized by the Supreme Court of Canada in 2014. The exact nature and scope of this principle have yet to be defined with any degree of certainty, however it clearly has connections to misrepresentation, although it only applies once the contract has come into existence. The book also situates the duty of honest performance within the broader general organizing principle of good faith.

The new edition includes a new chapter on Duty of Honest Performance and the Organizing Principle of Good Faith, including recent Supreme Court of Canada cases relating to the topic; two revised chapters on Fraudulent Misrepresentation and Negligent Misrepresentation; and updated cases and content since the previous edition 5 years ago.