LAW 122 Lecture Notes - Uberrima Fides, Rescission, Contractual Term

• School: Ryerson University
• Department: Law and Business
• Course: LAW 122
• Professor: Else Grech

Document Summary

2:24 pm puffs- mere sales word - no consequences representations - induce contract - possible consequences terms - contractual promises - certain consequences. Contractual term pre-contractual representation (promise of future performance) (statement of existing fact) Breach of contract if false misrepresentation if false. Description of another"s future intent statement of law. Description of one"s present intent statement of legal consequences. When silence would distort a previous assertion. When the contract requires a duty of utmost good faith insurance. When a special relationship exist between the parties. When a statutory provision requires disclosure insurance legislation financial officers: domestic contracts. Misrepresentation relevant if contract induced sufficient that misrepresentation was one inducement inducement presumed if inducement intended recipient not obliged to investigate representations. Person who is misled is said to affirm the contract only if the person discovered the misrepresentation prior to the declaration or act of affirmation.