What is a representation and what is the test for making a representation?
British Columbia, Canada
The following excerpt is from K.R.M. Construction Ltd. v. British Columbia Railway Company, 1982 CanLII 488 (BC CA):
Kerr on Fraud and Mistake, 7th ed. (1952), at p. 26, defines "a representation" as follows: A representation is a statement or assertion made by one party to the other before or at the time of the contract of some matter or circumstance relating to it. That definition is based on the judgment of Williams J. in Behn v. Burness (1863), 3 B.&S. 751, 122 E.R. 281, 32 L.J.Q.B. 204 at 205.
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