2 True true agreement – offer – acceptance; Assuming that the other three elements sometimes exist, the agreements turn out to be wrong. 13 Innocent Misrepresentation Example: Fred bought an ATV from Matt, an acquaintance at school. Matt said he thought the bike didn`t need repairs. After a weekend, Fred discovered that the rear wheel was badly misaligned. Fred was able to cancel the agreement and ask for his money. He is not entitled to damages because Matt really believed that the bike was in good condition. 15 Unilateral error Unilateral error – an error in one of the contracting parties. As a general rule, the contract cannot misrepresent the value of any error in relation to the nature of the agreement – people are bound by the signing of a written agreement, even if they have not read it. Error regarding the identity of the parties- May cause a contract in the state The test is called the test to determine the cause.
(Cork v Kirby MacLean Ltd (1952) 2 All 402) “but to” test and ask Do the damage still happens… The justification for secret trusts based on fraud is considered to be the reason why the secret agent should not take the property of the deceased as an absolute gift… 4 Fraud- Deliberate deception to ensure unfair or illegal profit. Victim hat 2 Choices: Rescind- Cancel or take back Sue for Fraud – (Tort) Money damages damages-designed to punish the wrong doer Illélegitimate pressure is qualify abnormal commercial bargaining, Adam Opel GmbH v Mitras Automotive, which often appears by threat. Then the illegitimate… 19 Object Error Error on Object- Both parties are wrong about the purpose of the example contract: I agree to buy land on Prospect Avenue; If I saw the country before the purchase was final, I realize that the country is on Prospect Road and not on Prospect Avenue. I can get the contract because of an error of object 6 False presentation of FactOne hardware, which is important, it is important to at least one of the parties for example: seller says potential buyer; “It`s a very showy car. You`ll have a lot of appointments. ” instead of telling him it`s a 1964 Mustang.
The sellers` assertions are not essential facts. 22 Undue influence of undue influence – Unfair and inappropriate persuasive pressures exerted by a person in a relationship of trust with another person. For example, an elderly woman sells 150,000 land to her son for 50,000. Before the land is actually transferred, the mother learns that her son plans to sell the land to a contractor for the construction of an apartment building.