What are the rights of a person who has been led into a contract by misrepresentation?
Saskatchewan, Canada
The following excerpt is from Canadian Bank of Commerce v. Stewart, 1925 CanLII 157 (SK CA):
In discussing the rights of a person who has been led to enter into a contract by misrepresentation, the learned author of Halsbury’s Laws of England, in vol. 2.0, par. 1750, says: The right which accrues to the representee, on discovery of the real facts, is, in the first instance, a right of choice or election only. Such a right, when once exercised, is exhausted; whence it follows that, if by express notice, or impliedly by conduct, the representee elects to affirm, he can never afterwards claim to avoid. and cites Clough v. L. & N.W. Ry. (1871) L.R. 7 Ex. 26, at p. 34, 41 L.J. Ex. 17, as his authority, which fully substantiates the foregoing statement. And in par. 1766 of the same volume, the learned author says:
"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
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Can a volunteer who obtained registration of title from a transferor who had no legal right to give it to the transferor be found liable to rectify the register if the volunteer who did not have the right to do so, but had no other legal right? (Saskatchewan, Canada)
Is interference with a person’s name, reputation or integrity included in the right to security of the person? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
Is it actionable to induce or persuade another person not to enter into a contract with another person? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
What is the difference between granting an exclusive right to possession and control of a gravel pit and a right of way? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
