Misrepresentation of law ordinarily does not entitle a party to relief from a contract.

Get help with access

Institutional access

Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:

IP based access

Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.

Sign in through your institution

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.

  1. Click Sign in through your institution.
  2. Select your institution from the list provided, which will take you to your institution's website to sign in.
  3. When on the institution site, please use the credentials provided by your institution. Do not use an Oxford Academic personal account.
  4. Following successful sign in, you will be returned to Oxford Academic.

If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.

Sign in with a library card

Enter your library card number to sign in. If you cannot sign in, please contact your librarian.

Society Members

Society member access to a journal is achieved in one of the following ways:

Sign in through society site

Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:

  1. Click Sign in through society site.
  2. When on the society site, please use the credentials provided by that society. Do not use an Oxford Academic personal account.
  3. Following successful sign in, you will be returned to Oxford Academic.

If you do not have a society account or have forgotten your username or password, please contact your society.

Sign in using a personal account

Some societies use Oxford Academic personal accounts to provide access to their members. See below.

Personal account

A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.

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.

Which of the following types of mistakes ordinarily will not allow a contract to be rescinded?

Contracts cannot be rescinded due to mistakes of value. When parties form a contract, their agreement establishes the value of the object of their transaction-for that moment. Each party is considered to have assumed the risk that the value will change in the future or prove to be different from what he or she thought.

What types of mistakes will allow rescission of a contract?

Rescinding a contract may be an option if there is proof that there was a material error in the contract. Evidence of fraud, mutual errors, lack of legal or mental capacity, duress and undue influence, or one party not fulfilling its obligation can also lead contracts to be voided.

Is a false representation of a material fact that is consciously false and intended to mislead the other party?

Fraud is a false representation of a material fact that is intended to deceive, and in fact deceives, another so that the individual will act upon it to his or her legal injury. Not all false statements are fraudulent, however. Only false statements that relate to material facts are fraudulent.

What happens if there is no genuine assent in a contract?

Without genuine assent a contract typically is voidable. This means that, if the injured party desires, that party can cancel or avoid the contractual obligation. The party then has the legal right to get back what has already been put into the contract, which is called rescission.

Toplist

Neuester Beitrag

Stichworte