Misrepresentation Flashcards
1
Q
What is Misrepresentation
A
when one party makes a false statement that induces another party to enter into the contract
2
Q
Elements
A
- False Statement
- Inducement
- Reliance
3
Q
False statement
A
A false statement was made about the contract
4
Q
Inducement
A
The false statement induced the party into entering into the contract
5
Q
Reliance
A
The Party relied on this statement and took action based on this statement which resulted in the party suffering a loss
6
Q
Mere Silence
A
- Not saying anything about things that could be wrong
- will not count as misrepresentation when standing alone
7
Q
Half truths
A
Count as misrepresentation