Coercion in Contract Law

Restitutio in integrum

The party alleging undue influence

Set aside the legal consequences of the contract

<p>The terms of the contract</p> Signup and view all the answers

<p>Upon communicating the decision to the other party</p> Signup and view all the answers

<p>To restore and/or return any performance made under the contract</p> Signup and view all the answers

<ol> <li>A false statement of fact(s) 2. Be material 3. Made by a contracting party or someone for whom he assumes responsibility 4. Made with the intention of persuading the other party to conclude the contract 5. Made in such a way that the other party believes the facts to be as represented and concludes the contract on the basis of the misrepresented facts</li> </ol> Signup and view all the answers

<p>Express statement and active concealment</p> Signup and view all the answers

<p>Intentional concealment of information that the person is under a duty to disclose</p> Signup and view all the answers

<p>For non-disclosure of the existence of the graveyard</p> Signup and view all the answers

<p>F ploughed over the graveyard and removed all visible traces of it</p> Signup and view all the answers

<p>F's actions led to D being unaware of the graveyard's existence</p> Signup and view all the answers

<p>Forcing the victim to choose between entering the contract or suffering harm.</p> Signup and view all the answers

<p>The threat must be sufficiently grave to affect the mind of a reasonably steadfast person.</p> Signup and view all the answers

<p>The court found that the alleged fear was illogical and unreasonable.</p> Signup and view all the answers

<p>The threat must be directed at the life, bodily integrity, property, or immediate family.</p> Signup and view all the answers

<p>To prove the involuntary nature of the transaction.</p> Signup and view all the answers

<p>The threat must be imminent or inevitable.</p> Signup and view all the answers

<p>Omission of facts creating a misleading impression, change in circumstances making a statement incorrect, relying on a person's skill for a contract, and insurance contracts regarding risk.</p> Signup and view all the answers

<p>Misrepresentation is distinguished from warranties, opinions, puffs, and dicta et promissa in pre-contractual negotiations.</p> Signup and view all the answers

<p>Cancellation of contract (action redhibitoria) or suing for a reduction of the purchase price (action quanti minoris).</p> Signup and view all the answers

<p>Non-disclosure of a fact is actionable if the party remaining silent is under a 'duty' to reveal the fact.</p> Signup and view all the answers

<p>Warranties or contractual terms, opinions, statements as to the future, and statements of law.</p> Signup and view all the answers

<p>Intentional misrepresentation renders a contract void.</p> Signup and view all the answers

<p>Negligent misrepresentation renders a contract voidable.</p> Signup and view all the answers

<p>Innocent misrepresentation renders a contract voidable.</p> Signup and view all the answers

<p>Set aside contract, enforce contract, and claim damages if loss suffered.</p> Signup and view all the answers

<p>Damages can be claimed in the case of negligent misrepresentation.</p> Signup and view all the answers

<p>Belief in the false fact represented.</p> Signup and view all the answers