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Bsn 420 Essay

  • Submitted by: Michelle615
  • on April 4, 2014
  • Category: Miscellaneous
  • Length: 1,194 words

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Below is an essay on "Bsn 420" from Anti Essays, your source for research papers, essays, and term paper examples.

Fraudulent Misrepresentation and Remedies
Professor Cathryn Kent
BSN 420: Business Law
November 21, 2013

Fraudulent Misrepresentation and Remedies
Fraudulent Misrepresentation can happen in the form of a misstatement or by knowingly excluding material fact, with the intention to deceive another party, for personal benefit.   (Miller, 2012)   There are several elements that would conclude fraudulent misrepresentation, which are:   (1) misrepresentation of facts or conditions knowing they are misleading and with a lack of respect for the truth, (2) the intent to persuade another party to rely on the misrepresentation, (3) justifiable trust by the deceived party, (4) damages suffered as a result of the trust, and (5) a causal connection between the misrepresentation and the injury sustained.   Should these instances occur, a contract can become void and a remedy for damages could be sought after in court. (Miller, 2012)
How and Why Fraudulent Misrepresentation Invalidates a Contract
When entering into a contract, one of the factors that make a contract valid is voluntary consent.   If the voluntary consent is lacking due to a mistake, false misrepresentation, undue influence, or duress, the contract can be rescinded (canceled) by the party being deceived.   The contract can normally be considered void; it wasn’t the innocent party’s true voluntary consent due to deception when entering the agreement. (Miller, 2012)
Undue Influence and Duress
Undue influence stems from a relationship that can strongly impact a person’s decision, therefore, overpowering their free will to make a decision freely.   (Miller, 2012)
For example, in an attorney-client relationship, the client trusts the attorney because he is the subject matter expert over the client’s case and the law governing her case.   If the attorney advises the client to sign or agree to something that she feels will be in her best interest, per the attorney’s explanation, the client signs not realizing the...

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