LAWS 3003 Study Guide - Final Guide: Natural Justice, Specific Performance, David Macbrayne
24 Apr 2018
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A statement of opinion becomes a statement of fact when it is said by someone with superior skill and knowledge (typically the representor to the representee). The person didn"t say they will, they said they probably should: law= everyone is deemed to know the law (obliged to know the law) but the only person you can sue for bad legal advice is a lawyer. Yes; reasonable person if they would regard as ambiguous or not. If it is found by this test to be relevant and relied on, then you have a case for misrepresentation. There is a general rule and exceptions to. General rule= the parties negotiating a contract are under no legal duty to disclose material facts to the other side. Exceptions to the general rule: half-truths can be misrepresentations. If you say something that is slightly misleading, then it is misrepresentation. These contracts require full disclosure of everything, the good and the bad.
