Misrepresentation and (Dis)Honest Performance in Contracts, 2nd Edition
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This book is one of a trilogy along with Mistake in Contracting (2018) and Estoppel, 2nd Edition (2019), which cover the “Truth in Contracting” (or more accurately: “Untruth in Contracting”).
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.
What’s New in the 2nd Edition
- Brand 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
- Brand new Table of Cases
- Two revised chapters on Fraudulent Misrepresentation and Negligent Misrepresentation
- Updated cases and content since the previous edition 5 years ago
Misrepresentation and (Dis)Honest Performance in Contracts, 2nd Edition is a comprehensive, practical guide that offers critical information in an easy-to-use format. Devoted exclusively to the very specific yet crucial area of misrepresentation in contract law and the duty of honest performance, this book will be an invaluable reference for:
- Contract lawyers to help them understand and advise their clients on this crucial aspect of contract law and the possible outcomes and consequences arising from misrepresentation and breach of the duty of honest performance
- Civil Litigation lawyers as it discusses the remedial consequences of a misrepresentation and a breach of the duty of honest performance
- Judges because it breaks down misrepresentation within contract law into a clear and concise format and discusses the relationship of misrepresentation to the duty of honest performance and the general organizing principle of good faith
- Scholars because it deals and critiques with the theoretical bases for having legal responses to a misrepresentation and relates that area of law to the justifications for recognizing the duty of honest performance
Table of contents
Table of Cases
Table of Statutes
Chapter 1: Situating Misrepresentation within Contract Law
B. Relationship With Terms in Contract
C. Relationship with Mistake
D. Relationship with Estoppel
Chapter 2: Operative Misrepresentation
B. The Misrepresentation
C. The Inducement
D. Forum Conveniens
Chapter 3: Parties
Chapter 4: Contract Relief
B. Defence to Equitable Claims
E. Contractually Agreed Remedies For Misrepresentation
Chapter 5: Fraudulent Misrepresentation
A. Types of Misrepresentation
B. Fraudulent Misrepresentation
Chapter 6: Negligent Misrepresentation
A. Innocent Misrepresentation
B. The Recognition of Negligent Misrepresentation
C. Negligent Misrepresentation in Canada
Chapter 7: Duty of Honest Performance and the Organizing Principle of Good Faith
A. The “General Organizing Principle” of Good Faith
B. The Duty of Honest Performance