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S 5 C - unconsciability & undue influence

S 5 C - unconsciability & undue influence - S 5 C...

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S 5 C – Misrepresentation and Torts Misrepresentation may amount to a tort when it is made fraudulently or negligently. However, when representation made neither fraudulently nor negligently yet the representation is nevertheless false then no tort has been committed and one who suffers a loss in relying on the statement has no claim in tort against its maker, this is innocent misrepresentation . However, party who makes statement is required to inform other party once falsity of statement is discovered. The aggrieved party still has the right to recission, but this right is limited by the rules of equity. If transfer of goods where they have been again transfer or deteriorated, no recission or remedy. Tort - Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. Material – could reasonably be expected to influence the decision of a party to enter into a contract
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