From: Jason Neyers <jneyers@uwo.ca>
To: obligations@uwo.ca
Date: 27/11/2014 20:51:58 UTC
Subject: ODG: Promissory Fraud

Dear Colleagues:

 Does anyone know of any Commonwealth discussion of the American doctrine of promissory fraud? I have searched all the UK, Canadian and Australia databases and have come up with only one 'hit'. In the case of Lozinik v Sutherland,  2012 ABQB 440, the judge said this:

57     Promissory fraud can arise in situations where a promise was made by someone when he or she did not intend to perform the promise when it was made. The tort of promissory fraud does not appear to have been mentioned in a Canadian decision at any level of court. It is a common cause of action in the United States, however, it does not currently provide a basis for a cause of action in Canada.

Is there something I'm missing?

Sincerely,

-- 
Jason Neyers
Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435