12 Questions
In what kind of contracts is omission likely to amount to misrepresentation?
Contracts of utmost good faith, e.g., insurance contracts
Which situation will not qualify as innocent misrepresentation?
The maker intentionally made a false statement
What did the plaintiff in Andrews v. Mockford rely on when entering into the contract?
Untrue statements in a company's prospectus
When can the innocent party sue for indemnity in cases of innocent misrepresentation?
When the innocent party experienced direct financial loss due to the misrepresentation
What was the outcome of the case Derry v. Peek?
The innocent party could recover direct financial losses for innocent misrepresentation
Why was the defendant in Oscar Chess v. Williams deemed to have innocently misrepresented the statement?
The defendant had no means of verifying the truth of the false statement
What is misrepresentation in relation to a contract?
A false representation made by a party with the intention of inducing another into a contract
Under what condition would an opinion constitute misrepresentation?
If the opinion is not honestly held or based on unverified facts within the maker's knowledge
In the context of contracts, what renders a contract avoidable at the option of the innocent party?
The reliance of the innocent party on a false statement of fact
How does undue influence contribute to the enforceability of a contract?
By allowing one party to exert unfair pressure on another
What differentiates a void contract from an avoidable contract?
A void contract is unenforceable while an avoidable contract is enforceable unless avoided
Which factor may render a contract void or avoidable?
Undue influence
Test your knowledge on circumstances that interfere with the enforceability of a contract, such as misrepresentation, mistake, duress, and undue influence. Learn about how these factors can render a contract void or avoidable.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
