LAW 534 Lecture Notes - Lecture 4: Selfridges, False Statement, Lady Gaga

• School: Ryerson University
• Department: Law and Business
• Course: LAW 534
• Professor: Lori Anne Heckbert

Document Summary

Privity of contract: contractual obligations cannot be imposed on anyone who is not a party to a contract, contractual benefits cannot be received, with exceptions, by anyone not a party to a contract. In general, with exceptions, only someone who has provided consideration can sue or be sued on a contract. Misrepresentation: a misrepresentation is a false pre-contractual statement. Examples: an incorrect statement of belief or opinion, an incorrect statement made without any contractual intent (sales talk), an incorrect statement of fact not relied upon, for a pre-contractual statement to be actionable as a misrepresentation. It must be an incorrect statement of an existing fact when made; and: the innocent party must have been induced to enter into the contract (if only in part) by the incorrect statement of an existing fact. Elements of proof: false statement of fact or. Misrepresentation: made in unreasonable or careless manner.