LAW 122 Study Guide - Final Guide: Liquidated Damages, Clean Hands, Contra Proferentem
6 Dec 2016
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Document Summary
Statement one party makes by words or conduct with the intention of inducing another party to enter into a contract. Meant to be included in the agreement as a legally enforceable obligation. If untrue, it is a breach of contract. Misrepresentation (p. 208: misrepresentation occurs when a false statement of an existing fact causes a recipient to enter into a contract. Document title; document purpose; recitals: parties, terms and conditions. Force majeure: express term: statement made by one of the parties that a reasonable person would believe was intended to create an enforceable obligation. Misrepresentation: misrepresentation is a false statement of an existing fact that causes recipient to enter into a contract. Whether it is a statement about the past or the present, it is false when it is made. May be actionable if it induced a contract: remedies for misrepresentation. General rule: contract will not be enforced.
