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Mcneil hanks no cannot rescind hanks may have no been

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Unformatted text preview: d in bad faith) * Hanks v. McNeil Hanks No, cannot rescind; Hanks may have No, been odd (“secret formula”), but he knew what he was doing Intoxicated Persons Disaffirm only if: only 1. Unable to understand agreement 1. Unable 2. Act promptly once sober, and 2. Act 3. Return all consideration 3. Return Fraud Fraud False Representation of Fact Fact * Includes omissions if duty to speak Includes omissions * Excluded (not statements of fact): Excluded Predictions (not fraud) Predictions a. Reason: No one can tell the future b. Exception: False Statement False of Intention (fraud) of Fraud Fraud Steinberg v. Chicago Medical School Not a good defense; D knew at time it knew published application that it did not intend not to use advertised criteria = fraud Fraud Fraud False Representation of Fact * Excluded (not statements of fact): Excluded Opinion (not fraud) Opinion a. Reason: Personal feelings, judgments Personal b. Exceptions: b. i. Special Relationship (fraud) Special Intentional misrepresentation by professional or other expert (occupational status) Fraud Fraud Opinion (not fraud) Opinion b. Exceptions: ii. Special Knowledge by D (fraud) Special (1) Groening v. Opsata Groening False statement about house built on eroding cliff = fraud fraud Fraud Fraud Opinion (not fraud) Opinion b. Exceptions: b. ii. Special Knowledge by D (fraud) Special (2) Vokes v. Arthur Murray Dance Vokes False statements by dance False instructor leading to 2,302 hours of dance lessons (at a cost of $31,090) = fr...
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