Chapter 4: Improperly obtained Consensus

Question 1

evaluate the concept of restitutio in integrum

Answer 1

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Question 2

understand the role of delictual damages in the context of improperly obtained consensus

Answer 2

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Question 3

examine the possibility of a general ground for rescission

Answer 3

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Question 4

distinguish misrepresentation from other pre-contractual misstatements

Answer 4

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Question 5

describe the effect of warranties and other relevant contractual terms

Answer 5

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Question 6

examine opinions and statements on the future development of these aspects in law

Answer 6

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Question 7

• identify the nature and effect of puffs and dicta et promissa

Answer 7

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Question 8

distinguish between misrepresentation and mistake

Answer 8

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Question 9

identify the remedies for misrepresentation and examine misrepresentation as a defence

Answer 9

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Question 10

discuss the role of damages

Answer 10

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Question 11

evaluate the possibility of misrepresentation by silence

Answer 11

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Question 12

• identify the nature and requirements for duress

Answer 12

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Question 13

discuss the role of damages

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Answer 13

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Question 14

distinguish coercion by the other contracting party from coercion by a third party

Answer 14

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Question 15

• examine the origins of the doctrine of undue influence

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Answer 15

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Question 16

identify the requirements and effects of abuse of circumstances

Answer 16

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Question 17

• evaluate the effect of commercial bribery on contracts

Answer 17

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Question 18

• examine the potential of the development of further grounds for rescission

Answer 18

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