Law 2101 Lecture Notes - Lecture 37: Rescission, Specific Performance, Contributory Negligence
17 Apr 2018
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Used car salesmen promising that the car you are about to purchase was driven for only. Classification of pre-contractual statements: these pre-contractual statements can fall into 5 categories, 1: puffs, a puff is mere sales talk, ex. "worlds best coffee: 2: terms of the contractual relationship (aka warranties, collateral contract, 3: fraudulent misrepresentations, 4: negligent misrepresentations, 5: innocent misrepresentations. Intent: 2: you need to have promissory intent, you have to prove that the representation (the car has only 20,000 km) was meant to have contractual force, difficult question. Finding promissory intent, i: 1: the purchase makes it clear that she regards the matter (the kms) as so important that she would not contract without the assurance by the salesperson, ex. Finding promissory intent, ii: 2: the salesperson is stating a matter that should be within his knowledge and of which the purchaser is known to be ignorant.
