Can a contract be set aside on the grounds of fraud?
Ontario, Canada
The following excerpt is from Armstrong v. Nason, 1894 CanLII 22 (ON CA):
Some expressions of Mr. Justice North in the case of Nash v. Wooderson, 33 W.R. 301, 52 L.T.N.S. 49, have been relied on, but I do not see how the case itself or the dicta in it, can affect the question we are considering, the construction and effect of a special contract. That is the case of a contract completed by conveyance, which could only be set aside, as I read the cases, on the ground of actual fraud, and as I understand the decision the learned Judge found actual fraud on the part of the vendor by making a representation which he knew to be untrue, and the contract contained a stipulation framed apparently with the view of concealing the facts and preventing any investigation into them.
"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 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 test for an application to set aside a contract where the husband alleges that the wife pressured him into signing the contract? (Ontario, Canada)
Can a consent order be set aside on the grounds of misrepresentation, fraud, duress and unconscionability? (Ontario, Canada)
Can a court set aside a domestic contract on grounds of unconscionability, duress, and misrepresentation? (Ontario, Canada)
What is the test for setting aside a domestic contract or provisions in that contract? (Ontario, Canada)
Can an employer in a contract of services claim from the contractor on the ground of breach of contract damages? (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 reasonable grounds for establishing that reasonable grounds are reasonable grounds? (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)
