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Choose this option to get remote access when outside your institution. Shibboleth / Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
- Click Sign in through your institution.
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If you do not have a society account or have forgotten your username or password, please contact your society.
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Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
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Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
- View your signed in personal account and access account management features.
- View the institutional accounts that are providing access.
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.
Mistakes of Fact Mistakes of Value
Can be used as a defense to the contract's enforceability. May be lacking bc of a mistake, misrepresentation, undue influence, or duress.
Bilateral Mistakes of fact
Both parties mistaken = contract can be rescinded by either party
One party Mistaken = Contract enforceable unless... 1. Other party knew or should have known that mistake was made 2. Mistake was due to substantial mathematical error, made inadvertently and w.o gross negligence.
a mistake that concerns the future market value or quality of the object of the contract normally enforceable value is variable depending on time, place, and other circumstances
fraudulent misrepresentation
the tort that occurs when a misrepresentation is made with the intent to facilitate personal gain and with the knowledge that it is false
Fraudulent Misrepresentation consist of these elements
1. Misrepresentation of a material fact must occur 2. Must be an intent to deceive 3. Innocent party must justifiably rely on the misrepresentation. -- to collect damages, a party must have been harmed
1. Misrepresentation of material fact
Statement of fact versus opinion. -- Opinions do NOT Qualify -- Opinions of Experts CAN QUALIFY -- "This sculpture was created by Michelangelo" -- misrep. of fact --"This land will be worth twice as much next year" --opinion.
Misrepresentation by Conduct
Arises when a party takes specific action to conceal a fact that is material to the contract. -ex. selling a horse w/ a medical condition and telling the buyer it is fit for racing
Ordinarily does NOT entitle a party to relief from a contract. Unless the misrep. is coming from someone in a profession that has a higher knowledge of law and means to mislead the other party. -ex. Woman who is a lawyer is selling land to a man and states that you can build anything on it even a 14 story high condo. - mierep. b/c she should know zoning laws.
misrepresentation by silence
normally neither party has a duty to disclose information the other party does not know - except about a serious defect/problem - except fiduciaries must reveal material facts to beneficiaries (patient/physician)
AKA SCIENTER - "guilty knowledge" -exists if a party knows a fact is not stated or states a fact they know is not true or doesn't know if it is true or not
innocent misrepresentation
a false statement about a fact material to an agreement that the person who made the statement believed to be true. -aggrieved party can rescind contract but not seek damages
Negligent misrepresentation
-Misrepresentation of a material fact. -Reasonable person would have known the statement was false -Relied upon the innocent party Fraudulent misrep. even though not purposeful. -"I didn't know" is not an excuse
justifiable
reliance on misrepresentation of fact
deceived party must have justifiable reason for relying on misrepresentation & impt factor; if defects are of kind that are obvi on inspection in propert sold, buyer can't justifiably rely on seller's representation; if hidden, buyer is justfied in relying seller's statment
Injury to the Innocent Party
to recover damages, the innocent party must prove that the fraud caused him or her economic injury. -- The court allows Punitive damages in fraud cases but not rescind cases because they are punishing the people who committed fraud.
When one party is in a position of trust and misuses that trust to influence the actions of another. -Party being taken advantage of does not
act out of free will when entering the contract.
-Lacks voluntary consent = Voidable
Presumption of Undue Influence
When the dominant party in a fiduciary rel. benefits from that rel. -to rebut the dominant party must prove that full disclosure was made to the lesser party, consideration was adequate, received independent advice. -If it can't be rebutted, then the contract will be rescinded
use of threats to force a party to enter into a contract. -Defense to the enforcement & ground for rescission. --The threatened act must be wrongful or illegal --Economic Duress: If the party exacting the price also Creates the need
Accountant is assigned to challenge the IRS assessment over tax returns that the accountant did. 2 days before the deadline to challenge, The account threatens not the challenge if he is not paid a large amount of money
Written exclusively by one party on a take-it-or-leave-it basis. -Often use standard forms which give the adhering party no opportunity to negotiate the terms.
often contain fine-print provisions that shift a risk naturally borne by one party to another
--to avoid enforecment of the contract the aggrieved party must show that the parties had substantially unequal bargaining positions and that enforcement would be manifestly unfair or oppressive
-ex. liability disclaimer
Take - it - or - leave - it adhesion contracts
In which the buyer has no choice but to agree to the seller's dictated terms if the buyer is to procure certain goods or services.