Please enable JavaScript.
Coggle requires JavaScript to display documents.
Contract - Part 2 (Misrepresentation (Types of Misrepresentation…
Contract - Part 2
Misrepresentation
Some statements become a term in the main contract and if untrue, there is BOC. Some statements do not become the terms of any contract and such statements are called 'mere representations', and if untrue, do not result in a BOC but a misrepresentation. A non-contractual representation which is untrue is a misrepresentation
Definition: A false statement of a material fact, made by one party to another, which induces the other party to enter into a contract
Effects: Contract can be voidable and not void > depends on whether the innocent party, upon discovery, elects to rescind it
-
-
BOC and Remedies
Damage and/or rescission
Note: Damages = Loss (YES!), Damages > Loss (NO!)
-
Injunction
-
Periama Cabaret Nite Club Sdn Bhd, v Roman Tam 1 MLJ 149
Specific Performance
-
Meng Leong Development Pte Ltd v. Jip Hung Trading, Co Pte Ltd (1983)
-
-