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Week-5- Lecture - Misrepresentation and Mistake LW2903...

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Misrepresentation and Mistake LW2903 Week-5 1
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Misrepresentation “A” makes statement to “B” That statement was NOT TRUE “B” acted/induced on that statement and Enter into a contract with “A” Such contracts are not enforceable and it may be rescinded (set aside) 2
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Misrepresentation  It happens during negotiation of a contract That is before entering into a contract The true statement is the basis (main cause of the making of the contract Misrepresentation is mostly given by sellers, professionals Consumers are affected by such misrepresentation Therefore by rescinding the contract consumers can be saved from troubles 3
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How to prove? 1. Is it an Statement? Statement of Opinions= Not statement Statement of Law = Not statement 2. Is that statement untrue? It may be half true half untrue Silence may amount to misrepresentation 3. is it because of that untrue statement a contract has been made (induce)? Person making contract must be induced/misled His judgment must be affected by untrue statement 4
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Types of Misrepresentation  Three types : 1. Fraudulent
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