A contract entered into under duress cannot be cancelled because the agreement will be automatically cancelled if the threats were part of the event. Unseemly influence – It is an unfair and inappropriate persuasive pressure by someone to force someone to enter into a contract or contract. Mistakes – and errors or misreprescation in a contract because of one or both. A mistake will break a real agreement. An innocent misrepresentation – testimony of an alleged fact that turns out to be false. The victim can terminate the contract. Damages that go beyond the contract cannot be invoked. All the terms of the agreement must be read and understood so that there is no error as to the nature of the agreement. I. Error: Misrepresenting a fact in a treaty that is most likely innocent, however, has different options for eliminating the agreement. MISTAKE AS THE NATURE OF THE AGREEMENT – The terms of the contract must be read and understood to ensure that there is no error as to the nature of the agreement. (a) Error in relation to the nature of the agreement – If a party does not understand the terms of an agreement, it cannot avoid them if it has made a mistake. EXCEPTION – DEALING FACE TO FACE – If the agreement of a contract is made in person, the contract may be void if one of the parties involved in the contract uses threats to try to get the other party to agree and comply with the terms of the agreement.
To succeed in a fraud trial, you have to prove that he suffered some kind of loss. d. In fact: relied on your words to sell essential fact: the most important pure part of a contract you left to make the purchase . 3. Innocent misrepresentation – statement of the alleged fact that turned out to be false UNILATERAL/BILATERAL MISTAKE – error concerning the object (unsaken/not) c. Representation intends to wait: deliberately lied because the person would rely on your words to terminate your contract. . B.
Representation known as false: must have intention and know the misrepresentation IV. Hard: Influence of a person by the use of force or by threats or aggressions. Economic: threats related to employment or income. Compensatory damage – Cost only! (medical bills, etc.) Damages and interests – Punitive damages for fraud (penalty) . Deliberate deception to ensure unfair or unfair profit. EXAMPLE 5 (PG. 108) – Marilyn has agreed to purchase four josephine land on Prospect Avenue in Culver City. Kavanugh refused to get through the agreement when she realized that the land she bought was on another street. UNDUE INFLUENCE – If you pressure someone to enter into a trust contract. 1.
A unilateral error is made by a single party. Both sides are committing a bilateral error. 2. Opportunity for performance and error in terms of identity. Both parties may be invalidated. 3. Fraud is deliberate deception to ensure profit. 4.
The cover-up deliberately hides something to precipitate the other party into a contract. 5. Misrepresentation is a statement based on an alleged fact that turns out to be false.6