Articles by author
Reliance revisited: is “conscious awareness” a requirement of reliance/inducement in all misrepresentation cases, or a bridge too far?
This article considers the case law in this area and suggests that the approach in Crossley is to be preferred. The rebuttal to Crossley in Loreley comes close to the right answer, in seeking a satisfactory causative bridge in all cases, but wrongly seeks to retain “conscious awareness” as a requirement in all cases and eschew the notion that this is always distinct from assumption. An analysis of the motivator for that conclusion, the need for a sufficient causative bridge, shows the causative bridge can be satisfied without that requirement in some cases of implied representation, and causes unnecessary difficulty with other juridical concepts.
31 MAR 2024Quincecare and the liability of receiving banks: the Canadian story
This article analyses a line of Canadian case law that addresses the liability of a receiving bank in negligence to a third party payor. The decision of the Ontario Court of Justice, Royal Bank of Canada v Stangl [1992] 32 ACNS (3d) 17 (Stangl), suggested that the bank may in some circumstances owe a duty of care to the payor in crediting and paying out sums it receives. This article concludes that the ratio in Stangl is not supported by other Canadian or English case law, nor sound in principle, and therefore unlikely to be followed.
1 APR 2022
