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Chapter_11_Notes_(Duress_and_Misrepresentation)

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. 1) Duress = Wrongful Coercion a) Physical Duress: Void Contract b) Social/ Economic Duress: Voidable K i) Improper threat AND (1) To commit a crime or a tort (2) To breach an existing contract (3) To file criminal charges (or to report a crime) ii) No Reasonable Alternative 2) Undue Influence = Unfair Persuasion a) Relationship between parties AND i) Fiduciary – a special relationship of trust and confidence that is recognized by law. (1) i.e. parent/child ii) Dependence – one person is dependent on the other b) Unfair Persuasion 3) 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) i) Innocent – made by someone who believes what they are saying is true ii) Fraudulent
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