What is the test for enforceability of a contract where a misrepresentation or oral misrepresentation is misrepresented?
Ontario, Canada
The following excerpt is from Traffic Law Advocate (E.E.) Professional Corp. v Awad, 2017 ONSC 1245 (CanLII):
The principle that a contract, that is brought about by a misrepresentation, cannot be enforced, does not allow for any debate. As was said in Bauer v. Bank of Montreal, 1980 CanLII 12 (SCC), [1980] 2 S.C.R. 102, by McIntyre J. at p. 111: Various authorities were cited for the proposition that a contract induced by misrepresentation or by an oral representation, inconsistent with the form of the written contract, would not stand and could not bind the party to whom the representation had been made. [citations omitted] No quarrel can be made with the general proposition advanced on this point by the appellant.
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