LAW 122 Lecture Notes - Legal English, Standard Form Contract, Contra Proferentem

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Gil Lan

Document Summary

Pre-contractual representation is a statement one party makes by words or conduct with the intention of inducing another party to enter into a contract. It is made during negotiation: puffs: mere sales words - no consequences, representation: induce contract - possible consequences, terms: contractual promises - certain consequences. 6 occasions when the failure to speak will amount to misrepresentation. When silence would distort a previous assertion: silence has the effect of falsifying a statement that was previously true, duty to disclose the change in the accuracy of early representation. A misrepresentation is an incorrect statement of an existing fact: main feature is that the statement is false when it was made. It is a false statement of fact that causes the recipient to enter into a contract: may be actionable if they falsely induce contract. Misrepresentation occurs only if the speaker claimed to state a fact.