LAW 122 Lecture 8: LAW122 Week 8 Ch9
1 Dec 2016
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Statements made during negotiations (pre-contract: puffs, misrepresentations. Statements of fact as of a moment in time (x is true: terms: Undertaking/ agreements/ committed to act a certain way ( i will do x) Damages from tort of negligence: monetary reparation of loss: fraudulent: making a statement you know is false. Rescission (treat as if contract was never made and or damages) Cancellation of contracts with aim of restoring parties to pre-contractual state (as if contract never existed) Damages from tort of deciet monetary reparation of loss. General rule: parties not required to disclose material facts during negotiaton unless: silence distorts a previous assentation, statement is a half-truth, special relationship exists between the parties, statutory provision requires disclosure, facts are actively concealed. ******************note: the statement in question needs to be the reason you signed the contract!! Exam- they made fraudulent misrepresentation about pipes in the house.
