Define misrepresentation, breach of contract, and fraud. Explore the different types of misrepresentation in contract law, examples of each, and...
We may only cancel this Contract for the following reasons: a) non-payment of the Contract purchase price/fee by You; b) deliberate material misrepresentation by You; or c) substantial breach of duties under this Contract by You in relation to the Product or its...
The district court granted GCU’s motion to compel, holding that Young’s breach of contract, misrepresentation, and statutory fraud claims were not “borrower defense claims” as defined by the federal regulation at issue and, therefore, were not subject to the regulation’s prohibition on pre-...
If you can prove that the other party deceived you with the contract’s terms and convinced you to sign it, misrepresentation or fraud can be a strong defense against a breach of contract claims, allowing you to argue that the contract is unenforceable. 5. Mutual mistake When both parties ...
If fraud is present as part of a transaction, the judge can cancel the deal and refund your money. Fraud can be: intentional misrepresentation (a deliberate, false statement about a product or service) negligent misrepresentation (a statement about a product or service made without investigating ...
aOther than in the instance of fraud or fraudulent misrepresentation, in no event shall Seller be liable for any indirect, special, incidental or consequential damages or loss of profits resulting from its performance or non-performance of its obligations under this contract. Seller\'s liability to...
“efficient breach,” which claims it is sometimes economically beneficial from a societal standpoint to breach a contract and then pay the requisite damages. Additionally, unless the element of fraud or misrepresentation is present, breaching a contract will not amount to the commission of a ...
Explores the application of the economic loss rule to fraud and negligent misrepresentation claims in the United States. Definition of economic loss; Relevance of the rule in defining the boundary between theories of tort law and contract law; Rationale for the economic loss rule; Discussion on ...
* 学习文档 * * Genuine Consent –type Innocent misrepresentation - party making misrepresentation actually believes it to be true - contractual remedy:the injured party may rescind the contract but claims no damages . Eg. a second –hand computer seller innocently believed that he was selling ...
In other words, for the libertarian, fraud is a type of aggression (namely, theft), just because it is a means by which one party receives or uses or takes the property of someone else without their consent—and there is failure of consent because the first party’s misreprese...