LAW 122 Chapter Notes - Chapter 10: Fiduciary, Undue Influence
21 Apr 2018
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Misrepresentation: a false statement of an existing fact that causes recipient to enter into a contract, test: May be actionable if it is induced: remedies: We treat the contract as though it never existed, parties are relieved of all obligations. Usually accompanied by "restitution": a giving back and a taking back: limits on remedies. Affirmed the contract- after realizing the product is not the right one, you don"t do anything about it. This is not a good remedy because you already affirmed the wrongdoing. Not possible to "undo" the contract- this can only happen if everything can be returned (if half a paint can is used, it is not possible to undo the contract) Incapacity to contract: capacity- legal power to consent. If someone is mentally incapable , the contract may be: Void (no contract)- courts declare person as mentally incompetent: when someone is declared mi before the contract was created.
