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Virginia Law Review Vol. 92, No. 4 (Jun., 2006) , pp. 565-632 (68 pages) Published By: Virginia Law Review https://www.jstor.org/stable/4145003 Read and download Log in through your school or library Read Online (Free) relies on page scans, which are not currently available to screen readers. To access this article, please contact JSTOR User Support. We'll provide a PDF copy for your screen reader.With a personal account, you can read up to 100 articles each month for free. Get StartedAlready have an account? Log in Monthly Plan
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Journal Information The Virginia Law Review is a journal of general legal scholarship published by the students of the University of Virginia School of Law. The continuing objective of the Virginia Law Review is to publish a professional periodical devoted to legal and law-related issues that can be of use to judges, practitioners, teachers, legislators, students, and others interested in the law. First formally organized on April 23, 1913, the Virginia Law Review today remains one of the most respected and influential student legal periodicals in the country. Publisher Information The Virginia Law Review is published by the Virginia Law Review Association, an independent publishing institution staffed and directed solely by law students at the University of Virginia School of Law. The Virginia Law Review was permanently organized on April 23, 1913, and today has among its ranks approximately eighty current student members and hundreds of alumni across the country. The members of the Virginia Law Review Association select and edit all of the pieces published in the eight annual issues of the Virginia Law Review. Rights & Usage This item is part of a JSTOR Collection. What 3 things must be present for it to be a misrepresentation?Fraudulent misrepresentation was defined by Lord Herschell in Derry v Peek (1889) as a false statement that is “made (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, careless as to whether it be true or false.” Therefore, if someone makes a statement which they honestly believe is true, then it ...
What are the 4 elements of misrepresentation?Key elements of an actionable misrepresentation. the statement relied on by the representee was a statement of fact made to them by or on behalf of the representor.. the statement was intended by the representor to induce the representee to enter into the contract.. Is a false representation of a material fact that is consciously false and intended to mislead the other party?Misrepresentation is a false statement by a party about a material fact. Misrepresentation is a false statement by a party about a material fact.
When both parties to a contract are mistaken as to the same material fact the contract can be rescinded on the basis of?A mistake of fact cannot be unilateral. When both parties to a contract are mistaken about the same material fact, the contract cannot be rescinded. Words or terms in contracts that are subject to more than one reasonable interpretation can lead to bilateral mistakes. A mistake of value warrants contract rescission.
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Under what conditions will a court now find nondisclosure as having the same legal effect as an actual false assertion?
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