Module 07 - Misrepresentation Part 2
Topics
- Misrepresentation Part 2
- Damages for “negligent” misrepresentations
- Illustration of difference between tort and contract claim
- Declaration that the contract subsists to reverse self-help rescission
- Awards of damages in lieu of rescission
- Does not apply to fraudulent misrepresentations
- Does not apply to non-disclosure
- Must rescission still be possible?
- Declarations that contract subsists after rescission
- The three factors
- The measure of damages in lieu of rescission
- Example
- Exclusion clauses relating to misrepresentations
- Silence and non-disclosure
- Implied statements
- Opinions
- Rescission
