LAW 122 Study Guide - Midterm Guide: Rescission, Uberrima Fides, False Statement
1 Oct 2016
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A lot of things are said when you create a contract so it might be confusing that"s why we have specific statements: Contractual term a provision in an agreement that creates a legally enforceable obligation o o. The person who makes it voluntarily agrees to do something in the future o. If false (lied about the statement) breach of contract. Pre-contractual representation a statement one party makes by words or conduct with the intention of inducing another party to enter into a contract o. Does not impose a contractual obligation does not form part of that contract o. If false (lied about the terms) might be entitles to damages but in. Puff a boastful claim if untrue there are no legal consequences; reasonable people do not rely on puffs. If non-contractual statements is false one of the parties has made a misrepresentation. If contractual statements is not fulfilled one of the parties is in breach of contract.
