What is the test for determining the terms of an alleged contract with each student?
Ontario, Canada
The following excerpt is from Hickey-Button v. Loyalist College of Applied Arts & Technology, 2003 CanLII 3772 (ON SC):
I find that in order to determine the terms of the alleged contract with each student, a detailed individual inquiry may be necessary because there were individual communications with each student and it is likely that all students did not receive the same information. It is also possible that some promises may have been made to one group and not to the other. The same criteria applies to a claim based on negligent misrepresentation where each student must establish the existence of a special relationship giving rise to a duty of care on the part of the Defendant. Also, each student would have to prove that such misrepresentation was negligently made, relied upon by each member of the class and that each suffered damages as a result (Queen v. Cognos Inc. (1993), 1993 CanLII 146 (SCC), 1 S.C.R. 87 at 110.
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