Why might a party try and prove a statement was part of the contract rather than a misrepresentation?

Select one or more:

a.The party has affirmed the contract

b.Resoration to the pre-contract position is not possible

c.The party has let too much time pass

d.The contract is void

e.The award of damages is greater

Tom is negotiating to sell his restaurant to Ann.When Ann inspects the business premises, Tom sets out double the number of dining chairs than his restaurant is licensed for.This will generally constitute misrepresentation.

Select one:

True

False

A vendor lies to an estate agent regarding the size of a property for sale.A purchaser enters into the contract on the basis of that incorrect information that the agent supplied.The agent has made:

Select one:

a.a fraudulent misrepresentation

b.a negligent misrepresentation

c.a reckless misrepresentation

d.an innocent misrepresentation

e.a statement of puff

The right to rescind may be lost due to (select all that apply)

Select one or more:

a.Impossibility of restoring parties to previous positions

b.Change of mind by a party

c.Lapse of time

d.The misrepresentee continues as if the contract is still on foot

e.A third party acquires rights