Essay On Misrepresentation In Contract Law

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The aspects of Misrepresentation in contract law

Misrepresentation is a false statement of fact and law, which induces the represented to enter a contract. When a statement has been made during the course of negotiations it is then classes as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue.
In misrepresentation has there different of types.
• Innocent misrepresentation
• Negligent misrepresentation
• Fraudulent misrepresentation
To find a misrepresentation is to find if the contract is voidable. The contract exists but may be set aside by the representee. Misrepresentation generally consist of rescission and or damages.

Innocent misrepresentation
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The various categories of Mistake in contract law.

There are 3 categories in contract law mistakes.

• Common mistake Where both parties make the same mistake.

• Mutual mistake where the parties are at cross-purposes.

• Unilateral mistake where only one party is mistaken.

Common Mistake

The parties appear to be in a agreement but have entered into the contract under the same misapprehension. Such mistakes are fundamental to the contract. For a common mistake to be operative the mistake must go to the root of the contract .The fundamental purpose of the agreement between the parties.

Common Mistake
When there is a misunderstanding between the parties to each others intentions , that they are said to be at cross-purposes. The mutual mistake negates consent and therefore no agreement it said to have been formed at all.

Unilateral Mistake
A unilateral mistake is where only one party is mistaken and the other party knows about it and takes advantage of the error. A unilateral mistake also negates consent and the existence of an
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