BU111 Lecture Notes - Lecture 13: Uberrima Fides, Special Relationship, Standard Form Contract
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BU111 Full Course Notes
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Document Summary
Chapter 9 overview: pre-contractual and contractual statements, misrepresentation, nature of misrepresentation legal consequences of misrepresentation, types of misrepresentation, contractual terms, express terms implied terms, standard form agreements, using plain language in contracts, boilerplate clauses. Pre-contractual statements: statements made during negotiations could be: puffs or a pre- contractual representation, a boastful claim, a type of statement you may have with a person before you get into a contract. A statement made in negotiations becomes a contractual term only if included in the agreement as a legally enforceable obligation: test: parties" objective intentions, note different consequences that flow from each. Statement of fact: misrepresentation must be statement of fact not, opinions, predictions, or statement of law. Silence as misrepresentation: general rule: silence will not constitute misrepresentation because parties are not required to disclose material facts during pre- contractual negotiations, there are 6 exceptions to this rule:
