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If a representation has been incorporated into the contract as a term, [5] then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has become a term include: The relative expertise of the parties. [6] [7] The reliance that one party has shown on the statement. [8] The reassurances given by ...
Rescission at common law is only available for fraudulent misrepresentations and duress. Rescission renders the contract void ab initio , and courts will only grant rescission under common law if the parties can be restored to their original positions prior to the formation of the contract (" restitutio in integrum "). [ 3 ]
The Hynix court explains the difference between a mistake of law "where the facts are known, but the legal consequences are not, or are believed to be different than they really are" (Century Importers, Inc. v. United States, 205 F.3d 1308, 1313 (Fed. Cir. 2000)), and a mistake of fact, "where either (1) the facts exist, but are unknown, or (2 ...
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States, [1] even by merely ...
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(a) the misrepresentation has become a term of the contract; or (b) the contract has been performed; or both, then, if otherwise he would be entitled to rescind the contract without alleging fraud, he shall be so entitled, subject to the provisions of this Act, notwithstanding the matters mentioned in paragraphs (a) and (b) of this section.
Trump and his co-defendants "created and used financial statements rife with blatant misrepresentations and omissions to maintain loans worth more than half a billion dollars and to generate over ...
"For Grubhub, these misrepresentations are a quick and cheap way to add restaurant offerings and build scale. But Grubhub’s deception harms restaurants and diners alike," the agencies said.