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Chapter 11: Conduct Invalidating Assent: Duress, Undue Influence, Fraud…
Chapter 11: Conduct Invalidating Assent: Duress, Undue Influence, Fraud
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undue influence - unfair persuasion of a person by a party in a dominant position based on a confidential relationship ex. parent-child, trustee-beneficiary, physician-patient
Fraud
fraud in the execution - rare - the defrauded person does not know or have opportunity to know the character of the proposed contract - signing the receipt that has small print of a contract - void
fraud in the inducement - intentional misrep of material fact by one party to the other who consents to enter the contract relying on the misrepresented material - voidable
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knowledge of falsity and intention to deceive - scienter - knowledge falsity in actual knowledge, lack of belief that a statement is true, reckless indifference to its truthfulness
justifiable reliance - the person being deceived must have relied on this misrepresented information in making her decision to assent
non fraudulent misrep - misrep made without scienter (knowledge of falsity, lack of belief in their statements truthfulness, reckless indifference to the truthfulness)
negligent misrep - false rep made without knowledge of its falsity and without due care in ascertaining its truthfulness - voidable
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