Blog Bite: Is an entire agreement clause enforceable against an unsophisticated party?

“Canada: Standard Clauses And Noting The Fine Print: Divisional Court Weighs In”, looks at case law to discuss how the level of sophistication of parties can determine the enforceability of entire agreement clauses. In the context of negligent misrepresentation, the clause cannot be conscionably used against unsophisticated parties without informing them of its existence and explaining its effects.

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Written by Alina.