Podcast
Questions and Answers
Under what condition is silence MOST likely to be considered misrepresentation?
Under what condition is silence MOST likely to be considered misrepresentation?
- When there is no explicit question asked of the silent party regarding the information.
- When the silent party is unaware of the information that should be disclosed.
- When silence breaches a legal obligation to disclose specific facts. (correct)
- When the silent party believes the information is already known by the other party.
In which scenario is a 'duty to disclose' information MOST likely to arise, potentially making silence misrepresentation?
In which scenario is a 'duty to disclose' information MOST likely to arise, potentially making silence misrepresentation?
- When applying for a driver's license, regarding past traffic violations. (correct)
- In an informal agreement between neighbors about sharing garden tools.
- When negotiating the price of a used item at a flea market.
- During a casual conversation between acquaintances about personal opinions.
Which situation exemplifies silence being considered misrepresentation because it creates a 'false impression'?
Which situation exemplifies silence being considered misrepresentation because it creates a 'false impression'?
- A seller remains silent about minor cosmetic scratches on a used bicycle.
- A homeowner, when asked about the roof's condition, only mentions recent repairs but omits to mention a known, unrepaired leak. (correct)
- An individual does not correct a friend's mistaken assumption about their profession.
- A job applicant does not mention hobbies unrelated to the job requirements.
In which of the following scenarios would silence LEAST likely be considered misrepresentation?
In which of the following scenarios would silence LEAST likely be considered misrepresentation?
What is a PRIMARY factor determining whether failing to disclose information constitutes misrepresentation?
What is a PRIMARY factor determining whether failing to disclose information constitutes misrepresentation?
Flashcards
Duty to Disclose
Duty to Disclose
In some legal situations, you have a responsibility to provide accurate and complete information, even if no one specifically asks you.
Misrepresentation in Contracts
Misrepresentation in Contracts
Failing to disclose important information in a contract (like defects in a product) can be considered misrepresentation.
Misrepresentation in Immigration
Misrepresentation in Immigration
In many immigration applications, you have to tell the truth about everything, even if there's no specific question about it.
Silence as Misrepresentation
Silence as Misrepresentation
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When Silence is Not Misrepresentation
When Silence is Not Misrepresentation
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Study Notes
Misrepresentation and Disclosure
- Failing to disclose information may be considered misrepresentation, but this depends on legal context and any duty to disclose.
- Duty to Disclose: Certain situations require truthful, complete disclosure, even without a direct question.
- Contracts: Failing to disclose important information (like hidden defects) in a contract can be misrepresentation.
- Immigration: Applicants must disclose all relevant facts in applications, even if not explicitly asked.
- Silence as Misrepresentation: Silence is generally not misrepresentation unless:
- Legal Obligation: There's a legal requirement to disclose specific facts, such as in fiduciary relationships or regulatory filings.
- False Impression: Omission creates a false impression, particularly when deliberately withholding key information while giving misleading details.
- Example: Selling a car with a hidden defect while the buyer assumes good condition.
- When Silence is Not Misrepresentation: No legal obligation to disclose and silence doesn't create a false impression means silence is not misrepresentation.
- Conclusion: Misrepresentation arises when a legal obligation to disclose exists or when omission deceives someone. Without a duty to disclose, silence is typically not considered misrepresentation.
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