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a promise the courts will require the parties to obey
(Without legal assent, contracts may be voidable) |
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| erroneous belief about the facts of the contract at the time the contact is concluded |
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| result of an error by one party about a material fact |
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| untruthful assertion by one of the parties bout the material fact; the mental agreement never occurs |
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| Innocent misrepresentation |
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Definition
| false statement about a fact material to an agreement that the person believed to be true |
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| Negligent misrepresentation |
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Definition
| If truth could have been known by using reasonable care to discover and reveal it |
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| Fraudulent misrepresentation |
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Definition
| • Consciously false representation of a material fact intended to mislead the other party |
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| act of hiding truth about a material fact |
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| failure to provide pertinent information about a contract |
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| special relationships in which one person takes advantage of a dominant position in a relationship to unfairly persuade the other and interfere with that person’s ability to make his or her own decision |
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| one party is forced into the agreement by the wrongful act of another |
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Term
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Definition
| a contract under which one party has a disproportionate amount of power and has made a mockery of the idea of free will |
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