Asked by Eunice Monpremier on Jun 19, 2024

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"Where fraudulent misrepresentation is involved, the victim can obtain rescission and/or damages but where innocent misrepresentation is involved, the only remedy is damages." Discuss the accuracy of that statement.

Fraudulent Misrepresentation

A false statement made knowingly or recklessly intended to deceive the other party, leading to a contract or agreement being voidable.

Innocent Misrepresentation

A false statement made honestly and without the intent to deceive, which may lead to the voiding of a contract if relied upon by the other party.

Rescission

The cancellation of a contract, returning all involved parties to their state before the contract was made.

  • Understand the concept and implications of misrepresentation in contracts.
  • Identify the differences between types of misrepresentation (fraudulent, negligent, and innocent) and acquire knowledge of the available remedies.
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Francois MarieJun 19, 2024
Final Answer :
This statement is incorrect. With innocent misrepresentation, the remedy is rescission, not damages.