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054 975 100 Agenda Cans Scholarships 054 975 100 Agenda Cans Scholarships

054 975 100 Agenda Cans Scholarships - PowerPoint Presentation

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054 975 100 Agenda Cans Scholarships - PPT Presentation

Recap Duress amp Undue Influence Presentation on Mistakes Progress Reports Scholarships Writers of the future wwwwritersofthefuturecom All HS Students 5005000 INROADSorg Internship ID: 677844

slide chapter contract mistake chapter slide mistake contract misrepresentation fact 7slide mutual mistakes statement fraud unilateral duress valid law

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Slide1

054 975 100Slide2

AgendaCans

Scholarships

Recap (Duress & Undue Influence)

Presentation on MistakesProgress ReportsSlide3

ScholarshipsWriters of the future

www.writersofthefuture.com/

All HS Students

$500-$5000INROADS.org

Internship

Minorities

Business and Engineering Slide4

Bell RingerWhat are the 6 elements of a contract?

Offer and Acceptance

Genuine Assent

CapacityConsideration

Legality

Writing**

Which of these elements do you think are affected by duress and undue influenceSlide5

What is Genuine Assent?True and complete agreement

Must be free of?

Duress

Undue influenceMistake

Misrepresentation

FraudSlide6

CHAPTER 7

Genuineness of Assent

7-1 Duress and Undue Influence

7-2 Mistake, Misrepresentation, and FraudSlide7

Chapter 7Slide

7

7-1

Duress and

Undue Influence

GOALS

Recognize when genuine assent is not present

Identify the two key elements in undue influenceSlide8

What is Legal Duress?

Legal Duress

an improper threat or act to obtain an expression of agreement (contract)

4 forms of legal duressSlide9

Chapter 7Slide

9

7-2

Mistake, Misrepresentation, and Fraud

GOALS

Recognize the types of mistakes that can make a contract voidable or void

List the criteria for a statement to be treated as a misrepresentation

Define fraud and describe the remedies for itSlide10

Chapter 7Slide

10

FOCUS

Scenario

Jane contracts with Mike to purchase one of his two skateboards. Jane thinks she has bought the red one, a premier skateboard. Mike thinks Jane has bought the blue one, his less valuable skateboard.

Question

Does a contract exist?Slide11

AnswerNo contract exist because a

mutual mistake

of fact about the identity of the

subject matterNo genuine assent bc

both

parties were mistaken

Chapter 7

Slide

11

NOTE: Mutual Mistakes of a contract about value do not void a contract. Picasso ExampleSlide12

Chapter 7Slide

12

Two types CONTRACTUAL MISTAKES?

Unilateral mistakes

Mutual mistakesSlide13

Chapter 7Slide

13

Unilateral Mistakes

One party holds an incorrect belief

Facts or Law

Generally, does not affect the validity of contract

Most common unilateral mistake of fact:

Failure to read contract

Misunderstanding terms

Legalease Slide14

ExampleChapter 7

Slide

14Slide15

Chapter 7Slide

15

Mutual Mistakes

Also called bilateral contract

Both parties have an incorrect belief

Fact or applicable Law

Important facts that influence a person decisions are called

Material facts

Mutual mistakes of fact as to the identity of subject matter

voids the contractSlide16

EXAMPLE

Buyer and Seller think property is 41 acres

After the purchase is made they discover the land is only 28 acres

Is their a mutual mistake?Is the contract void?

Chapter 7

Slide

16Slide17

Answer

There is a mutual mistake

The contract is not binding

When a mutual mistake of law is made the contact is still binding.EX. Miszoned property agreement

Chapter 7

Slide

17Slide18

Bugliosi saved $40,000 to buy the new car of his dreams. At the dealership, the sales staff convinced him to purchase option until his $40,000 was totally exhausted. When he went to register the car, he found that the state expected him to pay an 8% sales tax on the purchase price. Bugliosi thought the $3,600 of sales tax was part of the $40,000 purchase, like a retail store.

Chapter 7

Slide

18

What type of mistake was made?

Is the contract voidable by Bugliosi?

I need a volunteer to read:Slide19

AnswerBugliosi made a unilateral mistake of law.

Contract is valid

Chapter 7

Slide

19Slide20

Chapter 7Slide

20

ASSIGNMENT:

Use the internet to find examples of mistaken contracts that were voided or proved valid. State whether the mistakes were unilateral or mutual mistakes. Find 8 examples.Slide21

705 440 326Slide22

MisrepresentationSlide23

Essential QuestionWhat are the 3 criteria for a statement to be treated as a misrepresentation?

Chapter 7

Slide

23Slide24

AgendaCans

Recap (Mistakes)

Presentation-Misrepresentation & Fraud

Progress

Reports

AssessmentSlide25

Chapter 7Slide

25

7-2

Mistake, Misrepresentation, and Fraud

GOALS

Recognize the types of mistakes that can make a contract voidable or void

List the criteria for a statement to be treated as a misrepresentation

Define fraud and describe the remedies for itSlide26

Recap: 2 Types of MISTAKES

Chapter 7

Slide

26

Unilateral Mistake of Fact

Mutual Mistake of Law

Unilateral Mistake of Law

Mutual Mistake or FactSlide27

MISTAKE RECAP(Valid or NON-Valid)

Chapter 7

Slide

27

Unilateral Mistake of fact

Mutual Mistake of law

Valid

Unilateral Mistake of law

Mutual Mistake or Fact

Valid

Not-Valid*

ValidSlide28

Chapter 7Slide

28

WHAT IS MISREPRESENTATION?

Untrue statement of factSlide29

Innocent misrepresentation

Bill is selling his daughter’s car to Ted

Ted asked if the car has ever been in an accident

Bill says yes, because he didn’t know his daughter crashed it

Chapter 7

Slide

29Slide30

Chapter 7Slide

30

Fraudulent Misrepresentation

Knowingly issue an

untrue

statement

of fact

Active concealment

Silence

Materiality

Reasonable reliance

Innocent and Fraudulent misrepresentation is cause to void a transactionSlide31

1.) Untrue Statement of FactMust be a FACT

Not an opinion

Past or existing fact

Opinion Examples:“Best”, “Really good”, “Well”

Chapter 7

Slide

31

Future statements are opinions

Opinions given by experts are viewed as facts. Slide32

Active ConcealmentSubstituting a false statement for a fact

Chapter 7

Slide

32Slide33

Silence

Three situations where silence is not allowed

Material Fact

When a true statement is made false by subsequent eventsWhen one party knows the other has made a false assumption

Chapter 7

Slide

33Slide34

Materiality3 Ways to determine Materiality

Reasonable person test

In the defendant knew the plaintiff would rely on the statement

If the defendant knew the statement was falseLies make non-material facts material

Chapter 7

Slide

34Slide35

Reasonable RelianceThere is no misrepresentation unless the victim reasonably relied on information

Chapter 7

Slide

35Slide36

NOTECaveat Emptor: Buyer bewareDebating

Chapter 7

Slide

36Slide37

Volunteer

Bambi sold Traci an almost new tanning bed for $700. In the negotiations for the sale, Tracy asked Bambi if the beds could fit the new D3 lights that had just come on the market, because her doctor ordered that she use those specific lights. Bambi had examined the D3 lights in the store the previous week and assured Tracy they fit. A few days after the sale, Tracy realized that the lights fits but the beds voltage wasn’t strong enough to power the lights effectively.

Can Tracy void the sale as a consequence?

Chapter 7

Slide

37Slide38

AnswerYes. Tracy gets her money back.Innocent Misrepresentation

Chapter 7

Slide

38Slide39

AssignmentCheck Edmodo

Chapter 7

Slide

39Slide40

Chapter 7Slide

40

What are the three criteria for a statement to be treated as a misrepresentation?Slide41

Chapter 7Slide

41

FRAUD

The misrepresentation must be intentional or reckless

The misrepresentation or concealment must injureSlide42

Chapter 7Slide

42

REMEDIES FOR FRAUD

Rescission

Damages

Punitive damagesSlide43

Chapter 7Slide

43

What are the remedies available for fraud?Slide44

What happens if lack of genuine assent is proven?Contract typically

voidable

If the injured party chooses, he/she can cancel the obligation

They get back whatever they have put into it

Enforcing voidable action is called

rescissionSlide45

Rescission

Requires promptness

Must occur before

ratification

Conduct/changes suggesting you intend to be bound by the contract