7. mindmap - misrep - E Types of misrepresentation false...

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Unformatted text preview: E. Types of misrepresentation false fit; - - .'_:=.r:i_iie l ‘ "'""- (1) Knowingly false; or; (2) Without believing it to be true; or 5 (3) Recklessly; not caring whether the statement was true i’ Negligent Where the misrepresentation was neither Fruaduient, nor Negligent F. Remedies for misrepresentation: Rescission I ' Basis of assessment — Tmt or antract? :.!fl!'l_.-“ ' _'QP:.D- . ._-.—..|l-. ._ fll.‘-. .P _ ___. emeles or misrepresen 3 IO“: Damages Negligeni 13 F. Remedies for misrepresentation: Damages Negligent ° Does NOT require a “Hedleyr Byrne” relationship between the parties, but there must be a contract between the representor and the representee. -The representor is liable unless the REPRESENTOR proves he had reasonable grounds to believe AND did believe up to the time the contract was made that the facts represented were true. ' Damages recoverable are the same as those for the tort of deceit {fraudulent misrepresentation — |.e. for all losses directly flowing from the misrep. - Must have a “Hedleyr Byrne” relationship between the parties — “mutuality,” “special relationship,” “reliance” and “undertaking” 'The REPRES ENTEE must prove that the representor was negligent ' Damages recoverable are those for the tort of negligence — only liable for reasonably forseeable losses. 14 ...
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