Chapter_11_Notes_(Duress_and_Misrepresentation) -...

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MISREPRESENTATION (CHAPTER 11) If one of these items can be proven, the contract is voidable; the Right to Rescind. If that Right to Rescind is not exercised immediately, the contract is then ratified. I) Duress = Wrongful Coercion A) Void Agreement – Physical Compulsion B) Voidable Contract: 1) Improper threat AND (a) Threat to commit a crime or a tort (b) Threat to breach an existing contract (c) Threat to file criminal charges (Threat to file civil charges is legal) 2) No Reasonable Alternative II) Undue Influence = Unfair Persuasion A) Relationship between parties AND 1) Fiduciary – a special relationship of trust and confidence that is recognized by law. (a) i.e. parent/child 2) Dependence – one person is dependent on the other B) Unfair Persuasion III) Misrepresentation – a misrepresentation about a fact that isn’t true. You were presented facts, and in reliance you acted. A) Innocent or Fraudulent (either can give rise to rescission)
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Chapter_11_Notes_(Duress_and_Misrepresentation) -...

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