SPECIAL ASSIGNMENT 3 - Complete.docx - Randy Grossman BUL 4622 NO FRAUD DURESS UNDUE INFLUENCE OR MUTUAL MISTAKE When an innocent person enters in a

SPECIAL ASSIGNMENT 3 - Complete.docx - Randy Grossman BUL...

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Randy Grossman BUL 4622 NO FRAUD, DURESS, UNDUE INFLUENCE OR MUTUAL MISTAKE When an innocent person enters in a contract with fraudulent terms, he or she may usually avoid the contract, because they did not genuinely assent to the fraudulent terms. Fraudulent misrepresentation occurs when a misrepresentation of material fact occurs, a statement is made with the intent to deceive, which the unknowing party relied upon to enter into the fraudulent agreement. There are various types of misrepresentation which can occur such as predictions of expression, misrepresentation of conduct, misrepresentation of law, misrepresentation by silence, innocent misrepresentation, and negligent representation. Undue Influence comes from relationships where one party has influence over another party to the point of overcoming that party’s free will. The key factor of undue influence is that the party who was influenced does not enter in the contract of their own free will. Forcing someone to enter a contract because of fear created by threats is known as duress . While a party forced to enter the contract under duress may choose to perform the contractual duties, duress is grounds for the rescission or cancellation of the contact. The parties entered a contract with different interpretations of one or more material fact(s) of the contractual subject matter.
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