In the opening chapter of this volume, Misrepresentation, author and academic Bruce MacDougall states that, "It is doubtless not an act of good faith to hold another person to a contract or the consequences of a contract that the other party entered into as a result of one's lie." While the truth of this pronouncement is fairly obvious, the law of misrepresentation that applies in such circumstances is anything but straightforward. Fortunately, MacDougall is an expert in contracts and commercial law and sheds light on this intricate subject in his new publication.
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.
Misrepresentation 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, 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
- Civil Litigation lawyers as it discusses the consequences of a breach of contract because of misrepresentation and outlines remedies of such a breach
- Judges because it breaks down misrepresentation within contract law into a clear and concise format
Table of contents
Chapter 1: Situating Misrepresentation within Contract Law
Chapter 2: Operative Misrepresentation
Chapter 3: Parties
Chapter 4: Contract Relief
Chapter 5: Fraudulent and Negligent Misrepresentation