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Unformatted text preview: BSL_11 16:53 Acceptance Duress- wrongful coercion Physical Durres o Void contract Economic/ Social Duress o Results in voidable contract o Subjected to improper threat Threat to commit crime or tort Threat to breach a contract Threat to file criminal charges Civil lawsuit threat is not improper o AND no reasonable alternative Undue Influence Courts will look at relationship between the parties o Fiduciary relationship- special relationship of trust and confidence recognized by the law o Dependence? AND unfair persuasion Misrepresentation Innocent or fraudulent o Fraudulent misrepresentation is made knowingly and with the intent to deceive If you can show fraud, you can cancel the contract but you can also be compensated in civil court o Innocent misrepresentation Elements o Untrue Assertion of Fact- Fact must be past or existing fact, a prediction and an opinion are not considered fact Affirmative untrue statement...
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This note was uploaded on 03/22/2011 for the course BSL 212 taught by Professor Smith during the Spring '11 term at UConn.
- Spring '11