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Misrepresentation

Misrepresentation

Author: Bruce MacDougall
Publisher: Clearance
ISBN: 9780433486671
Published In: March 2016
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 this useful resource, 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. Misrepresentation 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.

Bruce MacDougall, B.A. (Hons.) (Acadia), B.C.L. and M.A. (Oxon.), LL.B. (Dal.), is Professor of Law at the University of British Columbia. For nearly three decades, he has taught courses in contract and commercial law in Canada, the United States, Thailand and England. A Rhodes Scholar and former lawyer in Ontario and British Columbia, he is actively involved in continuing legal education programs and has won the teaching excellence award at UBC. He is a member of the Judicial Council of the Tsawwassen First Nation. He has participated in law reform projects on commercial law in British Columbia. His other publications include Estoppel (a treatise published by LexisNexis Canada), and the Personal Property and Secured Transactions title for Halsbury's Laws of Canada.

Chapter 1: Situating Misrepresentation within Contract Law

Chapter 2: Operative Misrepresentation

Chapter 3: Parties

Chapter 4: Contract Relief;

Chapter 5: Fraudulent and Negligent Misrepresentation