LAW 122 Chapter Notes - Chapter 9: Rescission, Golden Rule, Force Majeure
28 Feb 2018
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Document Summary
Identify pre-contractual and contractual statements: distinguish misrepresentations from other false statements made during contractual negotiations. Identify the various circumstances when silence, half-truths, or actively concealed facts might amount to misrepresentation. Summarize and apply the various judicial approaches to interpreting express terms. use plain language in contracts. Identify various boilerplate terms and appreciate their significance in a contract. We therefore need to distinguish between contractual terms and pre-contractual representations. Contractual term: a statement included in the agreement as a legally enforceable obligation: a contractual term is, by its very nature, a promissory statement; the person who makes it voluntarily agrees to do something in the future. Pre-contractual representation: is a statement one party makes by words or conduct with the intention of inducing another party to enter into a contract: by definition, it does not impose a contractual obligation. Although a pre-contractual representation may induce the creation of a contract, it does not form part of that contract.
