Lecture 5 BFA601 Semester 1 2018.pptx

Unconscionable conduct unconscionable conduct also

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Unconscionable conduct ; Unconscionable conduct also deals with transactions between dominant and weaker parties; it therefore overlaps with duress and undue influence. Each of these factors or events may mean that consent was not freely given by one of the parties and that party may therefore be able to avoid their contractual obligations.
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Misleading conduct in contract law Misleading conduct in contract law A misrepresentation is a representation that is untrue. If a misrepresentation is made in negotiations which induced the party to contract. A misrepresentation is a statement which was relied on, an important statement which was more than a ‘mere representation’ which is not part of the contract. Misrepresentation defined (5.2) Misrepresentation defined (5.2)
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Misleading conduct in contract law Misleading conduct in contract law Mere representations such as puffs do not form part of the contract because the parties to the contract do not regards these statements as serious or binding Mere representations have been described as statements that arer so vague as to be incapable of being given any reasonable meaning and are seen as non-actionable representations even if untrue Representations which are not important (5.2) Representations which are not important (5.2)
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Misleading conduct in contract law Misleading conduct in contract law Innocent misrepresentation: is made when the representor makes a false statement, but genuinely believed the statement to be true, and thus had no intention to deceive the representee. Even if innocent it may void the contract Categories of common law misrepresentation (5.4) Categories of common law misrepresentation (5.4)
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Misleading conduct in contract law Misleading conduct in contract law Where the maker of the statement knows that the statement is not true, and makes the statement with the intention of deceiving the person to whom the statement is made. If a party can show a reckless or careless statement was untrue and induced the other into the contact. Derry v Peek (1889) Fraudulent misrepresentation (5.5) Fraudulent misrepresentation (5.5)
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Misleading conduct in contract law Misleading conduct in contract law Occurs when a false statement is made innocently, but carelessly or negligently. Negligence is breach of a duty of care which is owed by a party making the statement to the recipient of the statement. There is a special relationship between the two parties, fiduciary duties are owed by the misrepresentor to the misrepresentee; and The person giving an opinion is an expert in a particular field, owes a duty of care to the representee, (and the opinion was given carelessly). Negligent misrepresentation (5.7) Negligent misrepresentation (5.7)
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Misleading conduct in contract law Misleading conduct in contract law And must have the effect of inducing an individual to enter into the contract; Attention seeking, such as puff is not a representation; Statements of law and non expert expressions of opinion
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