This book, aimed at practitioners, explores the intersections of good faith duties and the organizing principle, and includes a broad examination of the common law tort of civil fraud.
Publication Language: English
Published: July 07, 2025
Publisher: LexisNexis Canada
The Supreme Court’s 2014 decision in Bhasin v. Hrynew is now more than ten years old. It has reshaped contract law by imposing the organizing principle of good faith in contractual performance, thereby increasing accountability for fraudulent conduct.
In Civil Frauds & Good Faith, 2nd Edition, authors Michael Tweedie and Gillian Dingle explore the intersections of good faith duties and the organizing principle throughout its 27 chapters. The book includes a broad examination of the common law tort of civil fraud and compiles relevant cases for easy reference. It is structured as follows:
Specific topics covered include factual misrepresentation, conscious falsity, remedies for deception, defences, costs, vicarious liability, summary judgment, forgery, altered documents, bribery, negotiable instruments, contractual discretion and good faith, plus much more.
Civil Frauds & Good Faith, 2nd Edition also includes new legislative updates and case law since the previous edition published 5 years ago.
Who Should Read This Book
Chapter 1: Introduction
Chapter 2: Common Law History
PART I: FRAUD AND DECEIT
Chapter 3: Fraud: The Formula
Chapter 4: First Element: Factual Misrepresentation
Chapter 5: Second Element: Conscious Falsity
Chapter 6: Third Element: Intention To Deceive
Chapter 7: Fourth Element: Actual Reliance
Chapter 8: Fraud in Contractual Negotiations
Chapter 9: Remedies for Deception
Chapter 10: Defences
Chapter 11: Pleadings
Chapter 12: Proof
Chapter 13: Costs
Chapter 14: Vicarious Liability
Chapter 15: Summary Judgment
Chapter 16: Other Procedural Considerations
PART II: FURTHER CATEGORIES OF SPECIFIC FRAUDS
Chapter 17: Forgery
Chapter 18: Altered Documents
Chapter 19: Blank Documents
Chapter 20: Mortgage Fraud
Chapter 21: As between Spouses
Chapter 22: Bribery
Chapter 23: Title Fraud
Chapter 24: Negotiable Instruments
PART III: CONSTRUCTIVE OR EQUITABLE FRAUD
Chapter 25: Undue Influence
Chapter 26: Unconscionability
PART IV: DUTIES OF GOOD FAITH
Chapter 27: Contractual Discretion and Good Faith
Table of Cases