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12 Cards in this Set
- Front
- Back
Fraudulent misrepresentation
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- a material fact - intent to deceive - Justifiable reliance |
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A Material Fact
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Information that is likely to influence the entrance or not into a contract |
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Intent to Deceive |
Made with knowledge of its falsity |
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Justifiable reliance
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information relied upon when determining if to enter into a contract or not
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Misrepresentation by Silence |
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. |
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Mistake |
A belief not in accord with the facts. |
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Mutual Mistake
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Both parties beliefs are not in accordance with the facts (mistaken) therefore the contract is voidable by either party.
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Unilateral Mistake
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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
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Ignorance
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You don't know the facts, you have no beliefs and you have not attempts to discover the facts |
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Puffery |
(this is the best pie you will ever buy) |
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Undue Influence
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(i.e. parent- child, attorney- client, trustee - beneficiary, etc.) |
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Duress
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Threats, extortion or blackmail used to force a party to enter into as contract
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