ENTIRE AGREEMENT CLAUSES: NEITHER RIDDLE NOR ENIGMA
AbstractEntire agreement clauses in standard form contracts continue to trouble courts in Canada which seem reluctant to enforce them despite the fact that they are a type of exclusion clause and should be treated as such when adjudicated. These clauses typically give rise to concerns about other problematic areas of contract law, especially the parol evidence rule, collateral contracts, and the proper construction of exclusion clauses when negligent misrepresentation is at issue. This comment will examine the recent case law about entire agreement clauses and argue that there is no mystery to them as other commentators have suggested. Rather, once seen as exclusion clauses, they should be subject to the same rules of contract for the control of exclusion clauses.
Keywords:Contracts, Exclusion Clause, Entire Agreement Clause
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