LAW 122 Lecture Notes - Lecture 12: Guesstimate, Internet Service Provider, Specific Performance
22 Dec 2015
School
Department
Course
Professor
Document Summary
Law122 part 3: misrepresentation, incapacity to contract, unfairness during bargaining, illegality. Contractual defects: whether is should be voided or needs to be affirmed, affirm. Misrepresentation: possibly voided (either way) Remedy: usually accompanied by restitution a giving back and a taking back. General rule: contract will not be enforced. Limits on remedies: representee conducted own investigation, evidently was not induced to enter the contract. Facts: got a guesstimate from someone about cost of building. The building turned out to be outside spending limit. Law: use the word guess- estimate. He is not a contractor he may not be able to price it. Application: not pre- contractual representation, cannot be sued. Capacity: legal power to give consent: affirmed the contract, not possible to undo the contract, third party rights involved. Misrep, but still no undoing . Voidable if it impairs your judgment and you don"t know what is going on.
