LAW 122 Chapter Notes - Chapter 9: Contractual Term, Legal English
29 Jun 2016
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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 a contract; by definition, it does not impose a contractual obligation. Although it may induce the creation of a contract, it does not form part of that contract. Misrepresentation - if a non-contractual statement is false. Breach of contract contractual statement is not fulfilled. A misrepresentation occurs only if the speaker claimed to state a fact. Opinions can range from carefree speculations to deliberate assessments based on a substantial body of evidence. A misrepresentation does not arise merely because you inaccurately describe a particular law itself. As a general rule, parties are not required to disclose material facts during pre-contractual negotiations, no matter how unethical non-disclosure may be. 6 occasions when the failure to speak will amount to misrepresentation: When silence would distort a previous assertion.
