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Lecture 7

ACTG 2P40 Lecture 7: Lecture 7

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Tommy Wall

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find more resources at Oct 18, 2016 Chapter 9 and 10 Impeaching contracts: misrepresentation, undue Misrepresentation 1) Representations Vs. terms in a contract  A representation is a statement made during negotiations or lying during negotiations  A term is a term in a contract  If you breach a term, the other party can sue you  If ▯ou ▯rea▯h a represe▯tatio▯, that’s ▯ot grou▯ds for sui▯g (▯o damages) 2) Requirements for a finding of misrepresentation a) The statement must be material  The statement must be important and has to go to the heart of the contract  E▯a▯ple: ▯he▯ selli▯g a ▯ar, the tire is ▯issi▯g; is▯’t the a▯tual material b) The misrepresentation must be statement of fact (not opinion)  It has to be a statement made by the one party as opposed to an opinion  The only time an opinion will be taken as a fact is when the person giving the opinion is an expert in that field c) The statement must be intended to be acted upon  The statement has to be proven  The later i▯ ▯egotiatio▯ the state▯e▯t is ▯ade, the ▯ore that it’s a▯ inference that it was intended to be acted on
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