LAW 122 Study Guide - Final Guide: Actual Size, Posting Rule, Contract

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One of the parties wants out of the contract, thus they are looking for the defect so he or she can avoid the contract. Non-contractual statement is false, may be a tort. Misrepresentation: is a false statement of an existing fact, that causes a recipient to enter into a contract: statement is a past/present, false when it was made, may be actionable if it induced a contract. Occurs if the speaker claimed to state a fact. Sometimes it can be opinions: statement of a belief/ judgement. 1. implied statement: of fact that can be treated as a misrepresentation. 2. a statement of future conduct: is not a statement of fact, it is a statement about a person"s future intentions. Can be a misrepresentation if made fraudulent/ described in terms of a present intention. 3. court may find a misrepresentation if you inaccurately describe the consequences of law, not if you inaccurately describe a particular law itself.

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