How has consent been vitiated in a motor vehicle case?
Alberta, Canada
The following excerpt is from Bremner v. Jones, 2012 ABPC 6 (CanLII):
The plaintiff’s submission was that the consent to the use of the vehicle was vitiated by Jones’ misrepresentation. The plaintiff submitted that fraud vitiates consent. The court was referred to Oppenheimer v. Fraser & Wyatt [1907] 2 KB 50. and the argument advanced that the consent to the use of the vehicle was vitiated by ‘the defendant’s fraud” and there was therefore no consent and the waiver of subrogation did not apply.
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