Hooray for Canada! First you gave us the emoji-as-signature case; now this! Just last week, I was complaining to my students that I don’t like the way the Restatement lays out the elements of misrepresentation. It says that misrepresentation has to be either fraudulent or material, but it is hard to come up with a fact pattern in which a plaintiff could establish the requisite scienter for a misrepresentation that was not fraudulent. Air Canada, can you prove me wrong? … (more)
[Jeremy Telman, ContractsProf Blog, 20 February 2024]
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