Blog Bite: When parties agree to an entire agreement clause, are there any circumstances where a court will consider evidence of a pre-contractual representation?

“Canada: The Effectiveness Of Entire Agreement Clauses: Principles And Exceptions”, discusses a Quebec decision to illustrate the circumstances where a Court will consider pre-contractual evidence, not withstanding an entire agreement clause.

According to the case, a court may consider pre-contractual evidence in cases where there is evidence of fraud, evidence of error, where representations have been made, where there is a consumer contract, in contracts contrary to public order, and where there is ambiguous clauses.

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Written by Alina.