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19 Cards in this Set

  • Front
  • Back
Voluntary
facts and circumstances surrounding a case indicate that the parties reached an agreement
Parties duty of care
parties to a contract are required to exercise reasonable caution and judgement
Disaffirmed
before performance has been rendered
Rescind
cancellation after performance is rendered
Misrepresentation
not necessarily knowing, could be honest mistake
Material fact
varies with circumstances
Puffering
indicate sales talk
Justifiable reliance
must be a causal connection between the misrepresentation and the complaining party having entered into the contract
Detriment
harm as a result of justifiable reliance on a misrepresented material fact
Fraud
intentional misrepresentation. knowingly, intent to decieve
Scienter
mental state of the defendant
Caveat emptor
let the byer beware
Fraud in the execution
misstatements about the content or legal effect of something usually contained in a form or preprinted contract
Deceit
affirm/ratify the contract and sue in tort . equivalent of criminal fraud in a civil action
Duress
there must be a threat of physical injury, there must be a wrongful injury
Under influence
nature of the relationship
Mistake
belief is not the product of a misstatement by the other party
Mutual
always a basis for rescission
Unilateral
no reccession where one party operates under a mistaken belief