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Part II Grounds, 4 Misrepresentation

Dominic O’Sullivan

From: The Law of Rescission (3rd Edition)

Dominic O'Sullivan KC, Steven Elliott KC, Rafal Zakrzewski

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 April 2024

Illegality and contract — Interpretation of contract — Termination/unwinding of contract — Validity of contract

This chapter looks into misrepresentation as grounds for rescission. It lists the elements needed to be entitled to a rescission of a contract via misrepresentation: relevant representation, known by the other part to the voidable contract, falsified, and relied upon by the representee. The types of misrepresentations range from fraudulent, negligent, and innocent, which revolve around the representor’s state of mind. The chapter highlights how representation should be made by the representor to the representee. It also considers the conditions for representations, such as existing facts and law, contractual terms, expressed and implied. Most commonly, silence does not invoke representation.

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