Vitiating Factors

8 important questions on Vitiating Factors

What is a breach of contract?

A breach of contract occurs when one party in a binding agreement fails to deliver according to the terms of the agreement.

When can you claim for misrepresentation in court to be succesful?

There need to be before or at the time of the making of a contract that one party must have made an unambiguous false statement of fact which induced the other party to enter into the contract.

What is negligent misrepresentation?

Where a party makes a false statement, but actually believes that the statement is true, but has no reasonable grounds for that belief.
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What is innocent misrepresentation?

where a false statement is made by a person who has an honest and reasonable belief in its truth.

What are remedies for fraudulent misrepresentation?

The innocent party is entitled to damages for all losses he has suffered. Damages are based on the tort of deceit, and are assessed to meet al losses.

The innocent party can also claim rescission of the contract. Alternatively, the innocent party may elect to continue with the contract and only claim damages.

What are remedies for innocent misrepresentation?

The innocent party can claim rescission. However, the court can award damages instead of rescission if it is more equitable (fairer) to do so in the circumstances.

What is a common mistake as to ownership of the subject matter?

If a party enters into a contract for the sale of goods as the purchaser, when in fact, unknown to either party, he already owns the goods, the contract will be void for mistake. (common mistake)

What is undue influence?

It covers situations where some form of improper pressure has been put on a person to enter into a contract.

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