Commercial Litigation Communiqué

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December 6, 2022

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“Ha! Ha! Should have been more careful!” is not a defence to fraud

Patrick D. Fitzpatrick, Bronwhyn Simmons

For over 150 years, the law has been clear that there is no “want of due diligence” or “contributory negligence” defence available to a person sued for fraud.[1] Despite this long history, defendants still attempt to rely upon the defence,...

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