Asked by Yessica Aguilar on Jun 18, 2024
Verified
Victims of misrepresentation who have affirmed the contract are bound by the affirmation and cannot later insist on
A) rescission.
B) remedies.
C) breach.
D) original positions.
E) quantum meruit.
Misrepresentation
The act of providing false or misleading information about a material fact, intentionally or negligently, causing someone to enter into a contract.
Affirmed
Officially confirmed or validated.
Rescission
The legal process of canceling, terminating, or reversing a contract, returning all parties to their positions prior to the agreement.
- Understand the gamut of solutions prescribed for victims of misrepresentation and the individual circumstances that justify each solution's implementation.
- Identify the consequences of affirming a contract after being a victim of misrepresentation.
Verified Answer
AR
Amber R RodriguezJun 20, 2024
Final Answer :
A
Explanation :
When a victim of misrepresentation affirms the contract, they are essentially accepting the contract in its misrepresented form, thereby waiving their right to rescind (cancel) the contract later. Rescission is a remedy that allows the contract to be set aside as if it never existed, but affirmation negates this option.
Learning Objectives
- Understand the gamut of solutions prescribed for victims of misrepresentation and the individual circumstances that justify each solution's implementation.
- Identify the consequences of affirming a contract after being a victim of misrepresentation.
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