Week 11

Question 1

What is misrepresentation?

Answer 1

False statement of material fact designed to induce someone into a contract

Question 2

3 items to establish misrepresentation?

Answer 2

1. A statement was made
2. the statement was false
3. statement misled to the party into the contract

Question 3

What are the 3 categories of misrepresentation?

Answer 3

1. Fraudulent
2. Negligent
3. Innocent

Question 4

What are the 3 elements of negligent misrepresentation?

Answer 4

a duty of care is owed, duty of care is breached, a loss has been suffered

Question 5

What does section 18 of Australian Consumer Law say?

Answer 5

must not engage in conduct that is misleading or deceptive or likely to mislead or deceive

Question 6

what are the 3 types of mistakes and describe

Answer 6

common, mutual and unilateral

Question 7

What is duress

Answer 7

illegitimate pressure on a party to force consent of the contract

Question 8

what are the three types of duress?

Answer 8

1. Duress of person
   2 . Duress of goods
2. Economic Duress

Question 9

Undue Influence

Answer 9

Taking advantage of another party - due to relationship. not a direct threat

Question 10

What is an unconscionable contract?

Answer 10

Contract between dominant and weaker parties that is therefore unenforceable by law