Chapter 14 - is no evidence of any fraud or overreaching on...

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Chapter 14 1. Fraud is the making of a material misrepresentation of fact with (1) knowledge of its falsity of reckless indifference to its truth, (2) the intent that the listener rely on it, (3) the result that the listener does so rely, and (4) the consequence that the listener is harmed. In this case, the salesperson said the automobile had never been in a wreck, but in fact it had been seriously damaged in a wreck, so I think the salesperson’s statement is a material misrepresentation of fact. 2. Generally, the fact that the minor has misrepresented her age does not affect the minor’s power to disaffirm the contract. So Helen can avoid the contract, but she should pay for the damage. 5. Even though the contract is voidable, the minor is prohibited from exploiting that which he gained from the contract and that equity should restrain such exploitation. There
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Unformatted text preview: is no evidence of any fraud or overreaching on Pankas' part, the contract as a whole was beneficial to Bell and Bell should be enjoined from exploiting that which he gained from his employment by Pankas. The argument that Pankas has suffered no irreparable injury is refuted by the instant record. 12. The contract is not enforceable. Because Office Supply Outlet, Inc. made the mistake, this contract is formed. If they can prove the new staff is an incompetent person, it would allow the store to avoid the contract for the additional machines. 14. It is the general rule that by failing to impart its knowledge of difficulties to be encountered in a project, the owner will be liable for misrepresentation if the contractor is unable to perform according to the contract provisions. So I think a city had affirmatively concealed facts....
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