LAW 122 Lecture Notes - Lecture 11: Internet Service Provider, Undue Influence, Fiduciary
16 Apr 2017
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Lecture 11 - chapter 10 continue, contractual defects. Misrepresentation is a false statement of an existing fact that causes recipient to enter into a contract. 3 things you have to prove: a statement of an existing fact . 2: may be actionable if it induced a contract that is false when made . Remedies for misrepresentation (what happens if misrep. occurs) We treat the contract as though it never existed; parties are relieved of all their obligations. Usually accompanied by restitution : a giving back and a taking back. For example giving back a good/product for your money back. Representee conducted own investigation (they research on their own time, and not only relied on the other party"s statement) This representee cannot cover point 3 since the statement that was made did not induce the contract. Evidently, was not induced to enter the contract. Misrep, but still no undoing the contract. I have given up my right - affirmation.
