COMM 393 Lecture Notes - Lecture 13: Uberrima Fides, Prima Facie, Undue Influence
Document Summary
Misrepresentation may amount to a tort when it is made fraudulently or negligently. However, party who makes statement is required to inform other party once falsity of statement is discovered. The aggrieved party still has the right to recission, but this right is limited by the rules of equity. If transfer of goods where they have been again transfer or deteriorated, no recission or remedy. Tort - damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought. Material could reasonably be expected to influence the decision of a party to enter into a contract. Pre contract misrepresentations that"s that are not part of the final agreement but were inductive to the forming of the contract, it may be considered a term of the contract. In land transactions, rarely recission given after completion.
