Essay On Misrepresentation In Contract Law
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
Innocent
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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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