Law 5110 Study Guide - Quiz Guide: Causative, Uberrima Fides, Undue Influence
Document Summary
The remedies vary for the different types of misrepresentation. Innocent a statement made with an honest belief in its truth. Fraudulent - made knowing it was not true, or recklessly careless whether it be true or false. Negligent a statement made honestly but without reasonable grounds for the belief hedley. Bryne & co. ltd v. heller & partners ltd. A misrepresentation is an assertion that is not in accord with the facts. His conduct is not effective as a manifestation of consent. Caveat emptor - exceptions where special statutory duty of disclosure exists - fiduciary relationships, contracts uberimmae fidea (utmost good faith) fraud. Abrogates contractual freedom: where consent is not given freely = right of party that was forced" into the contract to seek that the contract be rescinded. Freedom of contract = freedom to choose whether or not or on what terms to contract.
