Management and Organizational Studies 2275A/B Lecture 3: ch 8 law notes

• School: Western University
• Department: Management and Organizational Studies
• Course: Management and Organizational Studies 2275A/B
• Professor: Philip King

Document Summary

Mental incapacity: must be able to understand nature and consequences of agreement, if under in uence of illness or intoxication and the other party is aware. Inequality between the parties: one party is unsophisticated, poorly educated, lacks language facility, or has lower economic standing. An improvement bargain must be able to demonstrate that terms greatly advantage one party over the other. 3 categories: fraudulent misrepresentation: deliberate intent to mislead or makes statement recklessly without knowing or believing that it is true, negligent misrepresentation: the speaker makes the statement carelessly or negligently. Innocent misrepresentation: speaker has not been fraudulent or negligent but has misrepresented a fact. Remedies for misrepresentation: certain kinds of misrepresentation are torts - provide a remedy in damages, if fraudulent or negligently made = damages in tort + remedy of rescission, if innocent = rescission. The employer has a proprietary interest that he is entitled to protect. The temporal and geographic restrictions are reasonable.