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Chapter 6

Genuine Agreement. Chapter 6. Defective Agreements Fraud False Representation of Facts Representation Known to be False False Representation intended to be relied upon False Representation actually Relied upon Resulting Loss Innocent Misrepresentation. Fraud and Misrepresentation.

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Chapter 6

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  1. Genuine Agreement Chapter 6

  2. Defective Agreements • Fraud • False Representation of Facts • Representation Known to be False • False Representation intended to be relied upon • False Representation actually Relied upon • Resulting Loss • Innocent Misrepresentation Fraud and Misrepresentation

  3. Mistake: Can’t get out of a K if mistake Nature of the agreement – If you sign a K, you agree to the terms. Even if you can’t speak English! Identity of the Party – might be able to get out of K because of this. Mistake, Duress, and Undue Influence

  4. Mistake as to possibility of performance—if the K can’t possibly be completed, then K is over Mistake to subject matter— Bilateral Mistake

  5. Must enter an agreement voluntarily If you overcome someone’s will (by force or mentally) then this is duress Economic duress—you threaten to hurt them economically or dealing with money Duress

  6. Can void a K when someone has influence over another Example: the elderly Undue Influence

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