In Davis v. Cooper, [2010] O.J. No. 3309, B.A. Allen J. referred to the fundamental principle of contract law that parties must be held to their freely negotiated bargains. At paragraphs 10-11and 33 she stated as follows: There are several grounds on which a contract can be set inside including misrepresentation, fraud, duress, mistake of fact, lack of capacity, or unconscionability. … In deference to the long-held principle of contract law that parties must be held to their bargains freely negotiated, the courts have developed strict rules to govern when exceptions can be allowed and a contract invalidated. … The principles that govern whether a consent order can be set aside are those that govern whether a contract can be set aside. A consent order is a contract and … can only be set aside or varied by subsequent consent, or upon the grounds of common mistake, misrepresentation or fraud, or on any other ground which would invalidate a contract. …
"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.