ADMS 2610 Lecture Notes - Rescission, Contra Proferentem, Parol Evidence Rule

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plumshark304

22 Mar 2013

School

York University

Department

Administrative Studies

Course

ADMS 2610

Professor

Rebecca Jubis

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Document Summary

Contractual term: a statement that includes the legally enforceable obligation a promissory statement. 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"s not form part the contract, it"s not include the contractual obligations. Pre-contractual representation may result in a form of legal liability, such as actionable misrepresentation. The nature of misrepresentation: misrepresentation: , , an incorrect statement of an existing. If a non-contractual statement is false, that means one of the parties has made a. When a contractual statement is not fulfilled, that means one of the parties is in fact. misrepresentation breach of contract. A misrepresentation occurs only if the speaker claimed to state a fact. But a person"s opinion is not a misrepresentation even it is false. An opinion is the statement of a belief or judgment. A statement of future conduct is a second type of non-factual statement.

Related Questions

Q. You run a small janitorial service in your town. You know that a rival company has the contract to clean the public areas at the local college. You send advertisements to almost every business in town, including the college. Those advertisements focus on your all-natural cleaning products, your commitment to helping your clients recycle, and your reduction in waste. Your advertisement is accurate and widely distributed. You receive a call from the college administration asking you when you can begin your sustainable work at the college. Soon after starting, you are sued by your rival for wrongful interference. Explain whether or not your actions constitute wrongful interference.

Answer feedback: Wrongful interference with a contractual relationship requires a valid, enforceable contract between two parties, the third party with knowledge of that contract, and the intentional inducing of one party to breach that contract. In this situation, there is a valid contract between the college and your rival. You know about that contract. But your actions in advertising are not an intentional inducement to breach the contract. While you do intend to attract new clients, you sent the advertisement out broadly. This is justified or permissible interference. This is known as bona fide competitive behaviour. The college may have breached its contract with your rival, but since you did not specifically target or induce the college to intentionally breach that contract, you should not be liable.

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ADMS 2610 Lecture Notes - Rescission, Contra Proferentem, Parol Evidence Rule

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