All the terms of the agreement must be read and understood so that there is no error as to the nature of the agreement. ERROR REGARDING THE NATURE OF THE AGREEMENT – The terms of a contract must be read and understood to ensure that there is no error as to the nature of the agreement. The events in Example 8 would be considered fraudulent because Mr Johnson deliberately carried out an act to ensure that the car was not working properly. I. Error: The misrepresentation of a fact in a treaty, which is most likely innocent, however has different options for eliminating the agreement. EXAMPLE 2 (PG. 107) – In the opening example, Jake did not read the contract between him and Mr. Johnson on the Mustang, and if he had read carefully, he would have seen that the car was a 1965 model and not a 1964 model. EXCEPTION – FACE TO FACE – If the agreement of a contract is concluded in person, the contract may be cancelled if one of the parties to the treaty uses threats to try to get the other party to accept and comply with the terms of the agreement. A contract concluded under duress cannot be contested, because if the threats were part of the event, the contract will be automatically canceled.
The statements in Example 7 are not considered an essential fact in proving fraud, since the general popularity of others plays no role in the judgment. . d. In fact, rely on your words to make the sale. EXAMPLE 6 (p. 108) – When Jake asked Mr. Johnson if the Mustang was a 64 or 65 or not, and Johnson, who knew it was a `65, said it was a 64, Jake could claim damages. III.
An innocent misrepresentation – a false statement by a party that should have precise knowledge (such as an antique dealer) – the COUNTERVAILABLE ECONOMIC INCENTIVE – influence a commercial interest through the use of threats. (INVALID) EXAMPLE 13 (p. 112) – Paulding, an old woman, lived with her son, who convinced her to sell him $150,000 for $50,000. But in the end, the mother refused to review the sale of the country to her son because Paulding discovered that her son would sell the property to Visconti for $175,000 for the construction of an apartment building. UNILATERAL ERROR – An error made by a party to a contract (NOT CONTESTABLE). D.) Representation you can rely on – you rely on a truthful person when you buy something from someone else.. . . .