Misrepresentation Flashcards
§159.Misrepresentation Defined.
an assertion that is not in accord with the facts.
§162.When a Misrepresentation Is Fraudulent or Material. (1)
(1)A misrepresentation is fraudulent if the maker intends his assertion to induce a party to manifest his assent and the maker
(a) knows or believes that the assertion is not in accord with the facts, or
(b) does not have the confidence that he states or implies in the truth of the assertion, or
(c) knows that he does not have the basis that he states or implies for the assertion.
§164.When a Misrepresentation Makes a Contract Voidable.
(1) If a party’s manifestation of assent is induced by either a fraudulent or a material misrepresentation by the other party upon which the recipient is justified in relying, the contract is voidable by the recipient.
misrepresentation
fraudulent or a material
upon which the recipient is justified in relying
§177.When Undue Influence Makes a Contract Voidable.(2)
(2) If a party’s manifestation of assent is induced by undue influence by the other party, the contract is voidable by the victim.
a. Required domination or relation. The rule stated in this Section protects a person only if he is under the domination of another or is justified, by virtue of his relation with another in assuming that the other will not act inconsistently with his welfare. Relations that often fall within the rule include those of parent and child, husband and wife, clergyman and parishioner, and physician and patient. In each case it is a question of fact whether the relation is such as to give undue weight to the other’s attempts at persuasion. The required relation may be found in situations other than those enumerated. However, the mere fact that a party is weak, infirm or aged does not of itself suffice, although it may be a factor in determining whether the required relation existed
Unnatural disposition(performance) is made
by a person susceptible based on circumstances
for a person with the opportunity to exercise influence
opportunity was used to induce undue influence
confidential relationship between perp an victim
victims intelligence and sophistication
victims lack of independent counsel or other guide
Representation
Statement of fact to induce one party enter into a contract.
§162.When a Misrepresentation Is Fraudulent or Material. (2)
(2) A misrepresentation is material if it would be likely to induce a reasonable person to manifest his assent, OR
if the maker knows that it would be likely to induce the recipient to do so.
(1)A misrepresentation is fraudulent if the maker intends his assertion to induce a party to manifest his assent and the maker
(a) knows or believes that the assertion is not in accord with the facts, or
(b) does not have the confidence that he states or implies in the truth of the assertion, or
(c) knows that he does not have the basis that he states or implies for the assertion.
§162.When a Misrepresentation Is Fraudulent or Material. (1)
A misrepresentation is an assertion that is not in accord with the facts.
§159.Misrepresentation Defined.
(1) If a party’s manifestation of assent is induced by either a fraudulent or a material misrepresentation by the other party upon which the recipient is justified in relying, the contract is voidable by the recipient.
misrepresentation
fraudulent or a material
upon which the recipient is justified in relying
§164.When a Misrepresentation Makes a Contract Voidable.
Statement of fact to induce one party enter into a contract.
Representation
(2) A misrepresentation is material if it would be likely to induce a reasonable person to manifest his assent, OR
if the maker knows that it would be likely to induce the recipient to do so.
§162.When a Misrepresentation Is Fraudulent or Material. (2)
Merger / Integration Clause
provision in a contract that states the contract represents it’s entire agreement.
The more specific an integration clause is the more likely it is the court exclude other evidence of representations of the contract
some courts will decline to enforce if one party has used fraud one party has used fraud to induce one party to enter the contract.
§177.When Undue Influence Makes a Contract Voidable. (1)
(1) Undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that that person will not act in a manner inconsistent with his welfare.
