Podcast
Questions and Answers
In what kind of contracts is omission likely to amount to misrepresentation?
In what kind of contracts is omission likely to amount to misrepresentation?
- Contracts where disclosure is a statutory requirement
- Contracts of utmost good faith, e.g., insurance contracts (correct)
- Contracts with no specified terms
- Contracts involving innocent misrepresentation
Which situation will not qualify as innocent misrepresentation?
Which situation will not qualify as innocent misrepresentation?
- The maker had no means of ascertaining that the statement was false
- The maker believed in the truth of the false statement
- The false statement was genuinely believed to be true
- The maker intentionally made a false statement (correct)
What did the plaintiff in Andrews v. Mockford rely on when entering into the contract?
What did the plaintiff in Andrews v. Mockford rely on when entering into the contract?
- Untrue statements in a company's prospectus (correct)
- Statements made by a third party
- Information unrelated to the company's prospectus
- True statements in a company's prospectus
When can the innocent party sue for indemnity in cases of innocent misrepresentation?
When can the innocent party sue for indemnity in cases of innocent misrepresentation?
What was the outcome of the case Derry v. Peek?
What was the outcome of the case Derry v. Peek?
Why was the defendant in Oscar Chess v. Williams deemed to have innocently misrepresented the statement?
Why was the defendant in Oscar Chess v. Williams deemed to have innocently misrepresented the statement?
What is misrepresentation in relation to a contract?
What is misrepresentation in relation to a contract?
Under what condition would an opinion constitute misrepresentation?
Under what condition would an opinion constitute misrepresentation?
In the context of contracts, what renders a contract avoidable at the option of the innocent party?
In the context of contracts, what renders a contract avoidable at the option of the innocent party?
How does undue influence contribute to the enforceability of a contract?
How does undue influence contribute to the enforceability of a contract?
What differentiates a void contract from an avoidable contract?
What differentiates a void contract from an avoidable contract?
Which factor may render a contract void or avoidable?
Which factor may render a contract void or avoidable?
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