Professional Documents
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Ex: not reading the contract before you sign it or signing contract in language you dont know
2) mutual mistake (bilateral mistake)-an incorrect belief by both parties about an important fact
Ex: suppose both a buyer and a seller think that a land is 42 acres but later they find out it is actually 21 acres. This causes the contract to void.
3) material facts-important details that influence the parties decision about the contract
What is Misrepresentation??
Innocent Misrepresentation-a statement made by a party who didnt know it was untrue
Ex: a seller is unaware that a car has gotten a new odometer and states it has 700mi when in fact it has 90,000mi.
Fraudulent Misrepresentation-a statement made by one party who knew it was untrue
Ex: a seller is aware of the fact that the cars engine is bad but tells consumers that it is fine.
Ex: A owner of a car says he only drove the car once a week but he didnt say he drove it at a drag strip.
A statement is material if it causes a reasonable person to want to contract. A statement can be material if defendant a knew the plaintiff would rely on it. A statement is material when the defendant knows that the statement is false. Misrepresentation can only take place when the victim is reasonably reliable.
C) Reasonable Reliance
When a person lies and they know they are lying. It is intentional When a person says something without knowing its true or false. It is reckless.
Injury-something that is proven to establish fraud. There can still be misrepresentation but without injury theres no fraud.
Rescission
Contracts resulting of misrepresentation or fraud can be voidable by the injured party and can be rescinded Are only available if fraud is proven. Then the party defrauded may choose to ratify the agreement instead of rescind. Are also available if fraud is proven.
Damages
THE END
By: Dustin, Gracie, Katie, & Javon