In an action for rescission due to an error in an advertisement, is the error in substantiating a claim?
Alberta, Canada
The following excerpt is from Bourk v. Temple, 1990 CanLII 5507 (AB QB):
Also Kerans J.A., in a judgment delivered from the bench [Machecek v. Pavan Estate, appeal No. 15386 (unreported)] in an action for rescission due to an error in an advertisement, stated: The learned trial judge made a finding that any error of the buyer appellant was not a substantial error and dismissed the claim. Before us, it is common ground that the “error in substantiating” test was the wrong test. That test applies to executed contracts - this contract was repudiated before execution.
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