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CLASS _6 Contracts winter 2008

Court wants to prevent unjust enrichment fraudulent

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Unformatted text preview: revent "unjust enrichment." Fraudulent Misrepresentation Voidable Contract A false statement of fact or an act Deceives and causes harm to another Elements: Scienter an intent to deceive Exceptions: opinions and future predictions; puffery okay Material Fact or Omission includes concealment, silence justifiable reliance Negligent Misrepresentation Voidable Contract Negligent words or conduct untrue statement of fact reasonable person would not have done lack of reasonable care in ascertaining the facts the manner of expression absence of the skill or competence required by a particular business or profession. DURESS Voidable Contract Threat, pressure or intimidation: attorney physician spouse parent trustee No reasonable alternative Transaction was unfair to the victim Fearful state of mind STATUTE OF FRAUDS Statute of Frauds A state statute under which certain types of contracts must be in writing to be enforceable: Land More than one year Debt guarantor Promises in consideration of marriage Integrated Contract A written contract that constitutes the final expression of the parties' agreement. Evidence extraneous to the contract that contradicts or...
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