Misrepresentation and (dis)honest performance in contracts
By: Bruce MacDougall
Edition: Second edition.
Publisher: LexisNexis Canada
Published: 2021
Place of publication: Toronto, Ontario
Language: eng
Number of pages: 570
ISBN-13: 9780433503682
Subjects: Fraud; Law and legislation; Contracts
Work titles: Misrepresentation
Description: "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."--
Notes: Previously published under title: Misrepresentation. Toronto, Ontario: LexisNexis, 2016.

Includes bibliographical references and index.