The only book to contain in-depth analysis of the law drawing on all sources, including case law and current academic thought, to provide a thorough treatment of the grounds permitting, and bars to, rescission. Found inside – Page xxixRapport Du Surintendant Des Assurances Du Canada Canada. Dept. of Insurance ... It was not an innocent misrepresentation but a studied , deliberate , fraudulent misrepresentation and cacealment . The statement that the furniture was free ... Found inside – Page 341Actionable Misrepresentation . Wodehouse Invigorator ... INNOCENT MISREPRESENTATION . from raising the question of fraud in the original contract . See VENDOR ... An appeal to the Supreme Court of Canada is now IV . Inducement and ... Found inside – Page 34Canadian Tax Foundation ... claimed expense in a year that is statute - barred , the issue may be whether there was innocent misrepresentation and ... whether innocent misrepresentation is sufficient to open an otherwise statute - barred year . Found inside – Page 4355Canada Permanent & Western Canada Mortgage Corporation , 11 B. C. R. 139 , 1 W. L. R. 99 . Written offer ... W. N. 741 . Execution of deed and mortgage Misdescription Defective title Innocent misrepresentation Rescission - Compensation . Found inside – Page 676Within a small compass it touches upon all the main aspects of the bearing of the doctrine of misrepresentation on such companies . Amongst other things it deals with the distinction between fraudulent and innocent misrepresentation ; with ... Found inside – Page 403MISREPRESENTATION AND FRAUD . I. Representation Defined . II , How made . as III . Misrepresentation Defined . 1. FRAUDULENT [ 1193 to 1195 ] . 2. INNOCENT [ 1196 to 1199 ) . Sale of land Innocent Misrepresentation by vendor as to ... Found inside – Page 3Canada. Dept. of Insurance. LEGAL DECISIONS 1. FIRE INSURANCE ( a ) Fire statutory conditions 14 , 17 — Sufficiency of ... It was not an innocent misrepresentation but a studied , deliberate , fraudulent misrepresentation and concealment . Found inside – Page 1287Canada Life Assurance Co. , 14th June , 1898 , xxviii . , 60 $ . 94. Sale of land - Error Rescission of contract . See VENDOR AND PURCHASER , 21 . 88. Contract - Rescission - Innocent misrepresentation -- Common error - Sale of landFailure ... Found inside – Page 43ELEMETS OF THE CLAIM “The person who has made the misrepresentation ... 165 Cf. the rule in Canada that that rescission of an executed contract for innocent ... Found inside... application of the Canada Steamship principles would have led to the contrary result (because liability for innocent misrepresentation or non-disclosure ... Found inside – Page 835[ 561 ] Unless there is some misrepresentation of fact or some fraudulent misrepresentation of law by the agent , the premiums paid on an illegal contract of insurance cannot be recovered back , both parties being presumed to know the law . Found inside – Page 96Mere innocent representation is not sufficient to set aside a completed ... had been a fraudulent misrepresentation and that the contract was induced by ... Found inside – Page 581What amounts to actual fraud in the way of misrepresentation is hardly susceptible of abstract definition . It certainly does appear from the authorities that , as regards executory contracts , innocent misrepresentation may be a ground for ... Found inside – Page 149... 129 Injunction , 60 Innocent misrepresentation , 48 Innuendo , 78 Inquest , 78 Insanity , 78 Inscribe , 60 Insolvent , 31 Inspector general , 14 Inspectors , 14 Insurance , 88 adjuster , 88 agent , 88 broker , 88 Insurable interest , 88 Insurer , 89 ... Found inside – Page 516Contract for sale of land - Verbal — Execution of deed and mortgage — Misdescription - Defective title - Innocent misrepresentation - Rescission - Compensation . Plaintiff at an interview with the defendant agreed to purchase “ the F property ... Found inside – Page 111... drew a distinction between cases of innocent and fraudulent misrepresentation, ... Bank of Canada,105 a case which certainly did not involve fraudulent ... Found inside – Page 279Innocent misrepresentation as to legal effect of contract , see Vendor and Purchaser , I A - 1 . Annotations . Rescission of contract for fraud or misrepresentation : 21 D.L.R. 329 . Share subscription obtained by fraud or misrepresentation : 21 ... New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to ... Found inside – Page 311The plaintiff alleges fraudulent representations against the defendants . Fraud is proved ... It was contended for the defendants that the misrepresentations ... An innocent misrepresentation of a material fact is ground for rescission : Derry v . Found inside – Page 2-24Misrepresentation may be either innocent, negligent or fraudulent. Innocent misrepresentation may give rise only to the remedy of determining whether a ... Found inside – Page 3Canada. Dept. of Insurance. LЕСА L DECISIONS 1. Fпкк INscклNсь (а) Fire statutory conditions 14, 17—Sufficiency of proofs ... It was not an innocent misrepresentation but a studied, deliberate, fraudulent misrepresentation and concealment ... Found inside – Page 248Rescission and / or damages for torts for intentional misrepresentation Failure to correct turns innocent misrepresentation into fraud Fraudulent Misrepresentation If a misrepresentation of fact is intentional and induces another person to enter ... Found inside – Page 201... or leased except in particular cases not material here , nor unless the sale or leasing has been induced by a fraudulent , as distinguished from an innocent , misrepresentation . The governing authority on that point in Canada is Redican v . Found inside – Page 982Partnership - Dissolution - Fraudulent VisrepresentationsDamages - Evidence - Forfeiture Waiver - Contract -Counterclaim - Costs . Action for dissolution of a partnership , on the ground of innocent misrepresentation , or , in the alternative , for ... Found inside – Page 565... because of the bank's innocent misrepresentation that she could lose her home - The Nova Scotia Court of Appeal held that all indicia for rescission for false representation were present - See paragraphs 52 to 61 - Royal Bank of Canada v . Found inside – Page 363and of the Canadian Cases Decided by the Judicial Committee of the Privy Council . ... 50 to Mr. S. , allowing one - half for lawyers ' fees , also paying sums of money -Contract - Mutual mistake - Innocent misrepresentation - Rescission . Found inside – Page 190An executed contract for the sale of an interest in land will not be rescinded for mere innocent misrepresentation . But where by error of both parties and without fraud or deceit , there has been a complete failure of consideration a court of ... Found inside – Page 2049Those cases in which it has been held that an innocent default in duty or a ... there was neither fraud nor fraudulent misrepresentation on his part. Found inside – Page 144lig Unintentional misrepresentation -remedy is rescission Innocent Misrepresentation An innocent misrepresentation is a false statement which the person who made it honestly believes to be true . The only recourse available to the victim is to ... Found inside – Page 54In view of the recent controversies touching the doctrine of innocent misrepresentation , it is interesting to find the text stating simply that " a contract to take shares , like other contracts , is voidable if induced by misrepresentation , whether such ... Found inside... misrepresentation ; mistake ; unconscionability ; undue influence . affirmation of contract breach of statutory duty and 696 duress 716 fraud 694 general 687 , 691-93 , 801 , 802 innocent misrepresentation 694 partial repudiation 695 breach ... Found inside – Page 391It is sufficient if the insurer is misled , even by an innocent mistake of the other party , this constituting a fraud in ... a party relies on a promise that is not fulfilled ; ” and that , therefore , the effect of an innocent misrepresentation in invalidating a ... Found inside – Page 14An innocent misrepresentation justifies setting the contract aside but is not sufficient for action to claim damages . Where fraud exists the contract is ... Found inside – Page 154U $ 286 In order to succeed on a claim to rescind a contract on the ground of an innocent misrepresentation , the purchaser must show that he or she acted with reasonable promptness after learning of the misrepresentation 24 24. Hinchey v . Found inside – Page 77It would have the advantage , seen in this case , of allowing rescission where an innocent third party has acquired rights that forbid restitution in specie . Innocent Misrepresentation There are few decisions in Canada where rescission has ... Lightman & Moss, as it is commonly known, is an authority on the law of receivers and administrators of companies and explains the principles clearly, legislation and case law that shapes receivership and administration practice and ... "This book was originally published as a monograph in the International Encyclopaedia of Laws/Tort law." Found inside – Page 291Canada. Supreme Court, George Duval, Charles Harding Masters, Armand Grenier, Louis William Coutlée. 0 . ... But it could be received to support a claim for reformation or a plea of estoppel based on misrepresentation innocent or fraudulent ... Found inside – Page 132Perry ) 65 D.L.R. 564 Real estate agents Fraud and mis( C.A. ) . representation by agent Misrepresentation Fraudulent misrepresentation Person falsely representing himself as 510 . ( XIII . 12.b.ii ) agent to sell lands Receiving deposit Specific ... Found inside – Page 190CHAPTER 10 Grounds Upon Which a Contract May be Impeached : Misrepresentation , Undue Influence , and Duress INNOCENT MISREPRESENTATION Distinguished from Fraudulent Misrepresentation Misrepresentation is a false ... Found inside – Page 230B. Innnocent misrepresentation Where a contract has been induced by a material innocent misrepresentation , the party misled by those misrepresentations is entitled to rescind the contract , even though the party making the representations ... Found inside – Page 41... and even strengthened142 the opinion that an innocent misrepresentation ... from Canada in support of the proposition that innocent misrepresentation ... Found inside – Page 363He then brought this action in which he charged the defendant with fraudulent misrepresentation as to the locality of the property . Held , ( 1 ) Plaintiff was entitled to have the contract rescinded and to repayment of all moneys paid by him under ... Found inside – Page 294Canada. Supreme Court. 1898 COLE v . POPE . The Chief Justice . The respondent brought this action to have the contract ... an executed contract for the sale of an interest in land — will not be rescinded for mere innocent misrepresentation . 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