Asked by Collin Shaffer on May 07, 2024
Verified
Which of the following must a person prove to rescind a contract if the misrepresentation was innocent?
A) That the fact was asserted
B) That the fact was disclosed
C) That the fact was material
D) That the fact was ratified
Innocent Misrepresentation
A false statement made by one party to another without knowing it was false, which may lead to the rescission of a contract.
Material
Important. In securities law, a fact is material if a reasonable person would consider it important in his decision to purchase shares or to vote shares.
Rescind
To withdraw, negate, or overturn a law, order, or agreement.
- Comprehend the requirements and conditions under which a contract can be rescinded due to misrepresentation.
Verified Answer
TM
Tymarah MtenderaMay 08, 2024
Final Answer :
C
Explanation :
If the misrepresentation was innocent,the person seeking to rescind the contract must establish that the fact asserted was material.A fact will be considered to be material if it is likely to play a significant role in inducing a reasonable person to enter the contract or if the person asserting the fact knows that the other person is likely to rely on the fact.
Learning Objectives
- Comprehend the requirements and conditions under which a contract can be rescinded due to misrepresentation.
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