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The first is untrue statement of fact and the second is inducment.
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∙ 13y ago
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What are elements of misrepresentation?
Misrepresentation must be something that induces an individual to enter into a contract which is false or not wholly true
What is vitiating factor?
vitiating factors are elements of duress ,mistake,misrepresentation,.
Types of misrepresentation?
fraudulent misrepresentation. negligent misrepresentation. innocent misrepresentation.
Examples of misrepresentation of facts?
Examples of misrepresentation of facts Examples of misrepresentation of facts
Legal definition of misrepresentation?
misrepresentation
What is negligent misrepresentation?
Misrepresentation that is the result of careless statements made.
What is the difference between innocent misrepresentation and fraudulent misrepresentation?
the difference between fraudulent miisrepresentation and innocent misrepresentation is that innocent representation is when a statement is made with a genuine belief that it is true while fraudulent misrepresentation is a statement that is made with the knowledge that it is untrue or misleading.
How can misrepresentation affect a valid contract?
When someone is induced into entering into a contract as a result of a false statement.
What are the vitiating elements of a contract?
The vitiating factors or elements are misrepresentation, duress, undue influence and certain forms of mistake. Usage: The person claimed that they were operating under a mistake of law and this vitiating factor allowed the person to rescind the contract.
What is the penalty for misrepresentation?
It depends on the type of misrepresentation: Innocent misrepresentation: rescission of contract and restitution if possible Negligent: rescission or possibly damages Fraudulent: damages and possibly action in tort law
What is the doctrine of misrepresentation?
A misrepresentation is an untrue statement of fact by one party which has induced the other to enter into the contract.
Under what circumstances is a contract deemed based on a fraudulent misrepresentation?
if the maker intended for the misrepresentation to induce the other party to enter the contract and if the misrepresentation would likely induce a reasonable person to so enter the contract
