What is the test for establishing that a contract was obtained by fraud, mistake or misrepresentation?
Ontario, Canada
The following excerpt is from Salman v. 1152030 Ontario Inc., 2009 CanLII 26360 (ON SC):
Extrinsic evidence may be introduced where the contract was obtained by fraud, mistake or misrepresentation, intentional or innocent, which induced the contract and can be used to nullify the contract: Bauer v. Bank of Montreal, 1980 CanLII 12 (SCC), [1980] 2 S.C.R. 102.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for interpretation of a commercial contract where the contract states that the contract is not a "contract with respect to the context or factual matrix"? (Ontario, Canada)
What is the test for a party to a contract where the contract is not binding and the terms of the contract are not binding? (Ontario, Canada)
What is the test for a motion to obtain damages for misrepresentation and misrepresentation? (Ontario, Canada)
Can a mortgagee who made a mistake in obtaining planning consent obtain an equitable mortgage? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
What is the difference between a contract to rescind a contract for misrepresentation and a claim for deceit? (Ontario, Canada)
What is the test for enforceability of a contract where a misrepresentation or oral misrepresentation is misrepresented? (Ontario, Canada)
If a contractor drafted a contract drafted to be completely unenforceable, when the contractor has not completed the job, can the contract still be enforceable? (Ontario, Canada)
What is the test for a contract where there is no "time is of the essence" clause in the contract? (Ontario, Canada)
What is the procedure for obtaining costs from a party seeking to obtain an Order of Appeal for the release of this Endorsement? (Ontario, Canada)
