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Difference between revisions of "Causes of Action (20:App G)"
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Causes of Action (20:App G) (view source)
Revision as of 05:29, 17 August 2020
, 05:29, 17 August 2020→h) Misrepresentation
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**'''Fraudulent misrepresentation''' – where the defendant made the statement knowing it was untrue. This is the hardest category of misrepresentation to prove, as the claimant must prove the defendant’s state of mind prior to the formation of the contract. | **'''Fraudulent misrepresentation''' – where the defendant made the statement knowing it was untrue. This is the hardest category of misrepresentation to prove, as the claimant must prove the defendant’s state of mind prior to the formation of the contract. | ||
**'''Negligent misrepresentation''' – where the defendant made the untrue statement carelessly, without regard to whether it was true. This category of misrepresentation is more easily proved than fraudulent misrepresentation. See the section on Negligence below for the basic principles. | **'''Negligent misrepresentation''' – where the defendant made the untrue statement carelessly, without regard to whether it was true. This category of misrepresentation is more easily proved than fraudulent misrepresentation. See the section on Negligence below for the basic principles. | ||
**'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always | **'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always setting aside of the contract (rescission). | ||
=== 4) Excluded Causes of Action === | === 4) Excluded Causes of Action === | ||