LAW 122 Lecture Notes - Lecture 8: Collateral Contract, Oral Contract, Uberrima Fides
Document Summary
If it"s false and an opinion it can"t lead to generally the issue isn"t about whether the statement was false, it"s an issue about whether it was a statement of fact because if it was false and it was an opinion, it"s not a statement of fact that can lead to relief from a contractual term term. Rescission not good if part of k has already been fulfilled i. e. can"t give it back. back. not good if you affirmed the contract i. e. misled party acted as if k was good. Restitution may be denied if restoration is impossible (eg paint already applied) if third party rights would be affected (eg purchased mall already be rented to tenants) restitution may be denied if contract affirmed not good if you affirmed the contract i. e. misled party acted as if k was good. Undue influence is where due to the relationship between the parties one of them has an advantage over the other.