Question: Often a party to a contract wants to avoid his obligations by arguing that the contract was entered into because of a mistake, misrepresentation, undue
Often a party to a contract wants to avoid his obligations by arguing that the contract was entered into because of a mistake, misrepresentation, undue influence, or duress.
Which of the following is true with regard to these areas of the law?
A person can successfully argue non est factum and avoid his obligations under a contract only if he was careless about the nature of the document
If a seller persuades a person to buy something by a fraudulent misrepresentation, the buyer could not ask for rescission andor damages for the tort of deceit Where, because of a mistake, a written document does not embody the unchanged term of the original oral agreement, a party to the contract could ask the court for the equitable remedy of rescission
A person who wants to give a gift to a dominant person eg his doctor can do so easily and there is no issue of undue influence
A buyer could be awarded the equitable remedy of rescission if the seller honestly believed that his misrepresentation, which persuaded the buyer to buy, was true
Step by Step Solution
There are 3 Steps involved in it
1 Expert Approved Answer
Step: 1 Unlock
Question Has Been Solved by an Expert!
Get step-by-step solutions from verified subject matter experts
Step: 2 Unlock
Step: 3 Unlock
