LAW 122 Chapter Notes - Chapter 9: Legal English

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Chapter 9: representations and terms: identify pre-contractual and contractual statements. Pre contractual representation: statement one party makes by words or conduct with intention of inducing other party to enter into contract: statement of existing fact, misrepresentation if false, distinguish misrepresentations from other false statements made during contractual negotiations. Non factual statements turned into misrepresentation: expert opinion, description of one"s present intent (future conduct described as present intent, statement of consequences of law, identify the various circumstances when silence, half-truths, or actively concealed facts might amount to misrepresentation. For statement to be actionable as misrepresentation, deceived party must prove false statement induced contract: statement must have misled recipient into creating contract, explain the differences between innocent, fraudulent, and negligent misrepresentation. Fraudulent: statement person made that they know is false/ they have no reason to believe is true/ recklessly made without regard to truth: describe the legal effects of innocent, fraudulent, and negligent misrepresentation.

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