How have the entire agreement been interpreted in the context of misrepresentation?
Alberta, Canada
The following excerpt is from Lyon v. Apex Lifestyle Communities Inc., 2006 ABQB 412 (CanLII):
Thirdly, the applicants argue that the “entire agreement” clause removes the plaintiffs’ right of action for misrepresentation. They rely on the case of Robertson v. Wallace (2003) ABQB 1020 where the court found that the plaintiff cannot proceed with a tort action concurrently with an action in contract on the basis of misrepresentation “if the misrepresentation was expressly included in the contract and the contractual terms dealt with how a breach of that term was to be dealt with”.
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