LAW 122 Chapter Notes - Chapter 9: Uberrima Fides, Snowboarding
23 Nov 2017
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Document Summary
Contractual term: is a provision in an agreement that creates a legally enforceable obligation. Pre-contractual representation: is a statement one party makes by words or conduct with the intention of inducing another party enter into a contract: misrepresentation. Defined: is a false statement of an existing fact that causes recipient to enter into a contract: a statement of an existing fact, that is false when made, may be actionable if it induced a contract. If any of this happens, it will be a misrepresentation. Inducement: in order to be a misrepresentation , the false statement of fact must have induced deceived party to enter into the contract. Types of misrepresentation: innocent (did not know it was false) negligent (should have known); fraudulent.
