Asked by sanyam chawla on Jul 11, 2024
Verified
What is the "threefold test" and how is it applied in cases of negligent misrepresentation? In what way has the Supreme Court of Canada changed the application of this test?
Threefold Test
A method used in various legal contexts to evaluate criteria or conditions based on three distinct factors.
Negligent Misrepresentation
Providing false or misleading information carelessly, leading to someone else making a detriment based on that information.
Supreme Court of Canada
The highest court in Canada, serving as the final court of appeal and determining the ultimate interpretation of Canadian law.
- Comprehend the consequences of careless misrepresentation in the realm of professional counsel.
Verified Answer
i. Whether harm was foreseeable.
ii. Whether there was a relationship of sufficient proximity.
iii. In terms of public policy, whether it would be just and reasonable to impose the duty on the party making the statement.
See Hercules Managements Ltd. v. Ernst & Young case for Supreme Court comments.
Learning Objectives
- Comprehend the consequences of careless misrepresentation in the realm of professional counsel.
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