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A contract involving a mistake of fact can sometimes be avoided. When both parties to a contract are mistaken as to the same material fact,
A contract involving a mistake of fact can sometimes be avoided.
When both parties to a contract are mistaken as to the same material fact, the contract cannot be rescinded
by either party.
To commit fraudulent misrepresentation, one party must intend to mislead another.
In an action to rescind a contract for fraudulent misrepresentation, proof of injury is required for damages
to be awarded.
The essential feature of undue influence is that the party taken advantage of does not exercise free will.
If a person makes a statement that they believe to be true, they cannot be held liable for misrepresentation.
A seller has no duty to disclose a defect that is known to the seller but could not reasonably be suspected by
the buyer.
When both parties make a mistake as to the future market value of the object of their contract, the contract
can be rescinded by either party.
A contract entered into under duress is voidable.
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