LAW 122 Chapter Notes - Chapter 9: Uberrima Fides, Legal English, Rescission

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Leigh Lampert

Document Summary

Contractual term: a provision in an agreement that creates a legally enforceable obligation. Pre-contractual representation: a statement one party makes by words or conduct with the intention of inducing another party to enter into contract. Misrepresentation: a false statement of an existing fact that causes a recipient to enter into a contract. >whether it is a statement about the past or present, its main feature is that it is false when it is made. Future conduct: not a statement of fact; it is a statement about a persons future intention. >a future of conduct is a misrepresentation only if it is made fraudulently, or if the future conduct is described in terms of present intention. There are six occasions when the failure to speak will amount to misrepresentation. >when the contract requires a duty of utmost good faith. >when a special relationship exists between the parties.