BLAW 3100 Chapter Notes - Chapter 8: Rescission, Clean Hands, False Statement
Document Summary
Silence is not misrepresentation when there is no duty to disclose. False statement of the fact that persuades someone to enter into a contract. Must be an allegation of fact or an opinion by an expert. Must be untrue and must have been the inducement the led to the contract. Plaintiff must have mislead into doing something they otherwise would not have done. Breach of contract applies if misleading statement is made a tern of the agreement. Person making it honestly believes it is true. Rescission puts both parties back into original positions. Rescission of contract is not available when: Where the plaintiff does not have clean hands. Recklessly (not caring if it"s true or false) Damages: identify the remedies available for each type of misrepresentation: Both or just one: explain the implications of duress and undue influence: Must be the main inducement to enter the contract.
