Law 1101 (Baruch- Rosenberg)

Front 1

Fraudulent misrepresentation

Back 1

To say or write what is not so.

- a material fact

- intent to deceive

- Justifiable reliance

Front 2

A Material Fact

Back 2

Information that is likely to influence the entrance or not into a contract

Front 3

Intent to Deceive

Back 3

Made with knowledge of its falsity

Front 4

Justifiable reliance

Back 4

information relied upon when determining if to enter into a contract or not

Front 5

Misrepresentation by Silence

Back 5

if the seller is aware of latent defects, they are required to disclose. Silence would be fraudulent.

if the seller is aware of a non latent defect, they are not required to disclose if that information would be easily discovered by reasonable inspection. Silence would not be fraudulent.

Front 6

Mistake

Back 6

A belief not in accord with the facts.

Front 7

Mutual Mistake

Back 7

Both parties beliefs are not in accordance with the facts (mistaken) therefore the contract is voidable by either party.

Front 8

Unilateral Mistake

Back 8

One party is aware that the other parties belief is not in accord with the facts ( is mistaken, therefore the contract is voidable by the mistaken party

Front 9

Ignorance

Back 9

You don't know the facts, you have no beliefs and you have not attempts to discover the facts

Front 10

Puffery

Back 10

Predictions of future values and adj of descriptions

(this is the best pie you will ever buy)

Front 11

Undue Influence

Back 11

Taking advantage of a relationship of trust, confidence or fiduciary duty to induce the other party to enter into a contract that benefits the dominant party

(i.e. parent- child, attorney- client, trustee - beneficiary, etc.)

Front 12

Duress

Back 12

Threats, extortion or blackmail used to force a party to enter into as contract