Busn Law 420 Week 4
In reading our textbook it reveals relevant facts that fraud invalidates a contract. “The existence of fraud disrupts the honesty of the unknowingly person’s permission/agreement to a contract. When a person unknowingly goes into a terms of a contract, the agreement normally can be avoided since he or she didn’t freely come to agreement with the terms. Normally, an unknowing person has a choice terminate the contract all together and return to their beginning place or proceed with the contract and seek damages for harms resulting from the fraud (Miller 281). Fraudulent misrepresentation is referenced only to misrepresentation that is knowingly not true and is meant to misguide the other person. Typically, fraud contains three aspects; a misrepresentation of a factual occurrence of material, next intent of deception must be present, and the non-guilty person has to defensible depended upon the misrepresentation. Some type of harm must have been brought as a result of the misrepresentation in order to obtain any damages. It is also possible for fraudulent misrepresentation to come about from the online environment.
Undue Influence and Duress
Undue influence come about when affiliates a person can eminently influence another person that intimidates that party’s freedom. When a contract initiated under extreme pressure or undue influence inadequacy agreement can be voided. Undue influence crucial attributes is that the party being misrepresented isn’t liable, bottom line, didn’t go into a contract on their own free will. Just declaring that a person is too old to understand or that they have mental ailments or impaired physically is not suffice. It has to be undeniable and convincing attestation that they didn’t act on their own accord willingly. Making someone go into an agreement or contract under circumstance of fear which is brought about by foreboding is considered as duress. Also, extortion to induce consent to a contract or blackmail constitutes duress. Under
Undue Influence and Duress
Undue influence come about when affiliates a person can eminently influence another person that intimidates that party’s freedom. When a contract initiated under extreme pressure or undue influence inadequacy agreement can be voided. Undue influence crucial attributes is that the party being misrepresented isn’t liable, bottom line, didn’t go into a contract on their own free will. Just declaring that a person is too old to understand or that they have mental ailments or impaired physically is not suffice. It has to be undeniable and convincing attestation that they didn’t act on their own accord willingly. Making someone go into an agreement or contract under circumstance of fear which is brought about by foreboding is considered as duress. Also, extortion to induce consent to a contract or blackmail constitutes duress. Under
References: Miller, R. (2015). Business Law Today: Comprehensive (9th ed). South-Western. Retrieved from http://devry.vitalsource.com/books/9781133732211/id/P13-35 Miller, R. (2015). Business Law Today: Comprehensive (9th ed). South-Western. Retrieved from http://devry.vitalsource.com/books/9781133732211/id/L13-2-26 Miller, R. (2015). Business Law Today: Comprehensive (9th ed). South-Western. Retrieved from http://devry.vitalsource.com/books/9781133732211/id/B16-3