BU231 Chapter Notes - Chapter 9: Undue Influence, Credit Bureau, Regulatory Offence
Document Summary
Chapter 9: grounds upon which a contract may be impeached (ended) Misrepresentation and torts: misrepresentations can provide a cause of action in both contract and tort, three types of misrepresentation, fraudulent, negligent. Note that an innocent misrepresentation becomes fraudulent or negligent if the party responsible fails to correct it when in a position to do so. In tort, only 1) fraudulent and 2) negligent misrepresentation give rise to remedy, recover loss from wrongdoer. Purchaser"s are expected to search title, exercise right to rescind before completion of transaction: note: beware any standard form contract excluding representatives, known as an entirety clause. Wlu has small print in the calendar stating that this is the entire contract, there are no collateral agreements, items : covers all loopholes. Misrepresentation by omission: no hiding any nitty gritty"s in contracts, must bring them forward to attention, noted in chap.
