leb.pp.14 (capacity)

Mcneil hanks no cannot rescind hanks may have no been

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

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...
View Full Document

This note was uploaded on 01/28/2013 for the course LEB 03205 taught by Professor Pederson during the Spring '11 term at University of Texas.

Ask a homework question - tutors are online