COMM231 Lecture Notes - Lecture 9: Rescission, Undue Influence, 18 Months
25 Aug 2016
School
Department
Course
Professor
Document Summary
It is very difficult to argue non est factum as a defence. Misrepresentation - meaning has somebody made a statement that is inaccurate or untrue which and the other party has relied on this to his or her detriment. If you are not successful in proving fraudulent misrepresentation then the other party can pursue you for legal costs on a dollar to dollar basis for having to defend against that charge. Sometimes a court will allow a party to go free from his or her duties in a contract when dealing with some of the following legal issues: Undue influence - when one of the parties in the contract is in a much stronger position that the other party and that party uses its influence to force the other party into a contract. If someone can prove that they were unduly influenced under the circumstances then they can ask that the contract be voided.
