2013教务处通识课程Lecture2教程解析.pptVIP

Case analysis Louis Gail Fiege promise to pay medical and miscellaneous expenses Louise Boehm if she does not sue him for bastardy. Louis Gail Fiege refused to perform when finding he was not the father of the child Louise Boehm sued for performance Issue : was the contract valid? Decision: forbearance to sue is sufficient consideration for a promise to pay for the forbearance if the forbearing party had an honest intention to prosecute litigation which he believed to be well founded. III Misrepresentation 错误陈述 1. concept: the basic idea of misrepresentation is that one party makes false statement and the other party thus enters into a contract by jusitifiably relied on it. 2. Elements: misrepresentation of a material fact and the harmed party justifiably relied on the statement. A material fact is one that would contribute to a reasonable person’s decision to enter the contract. P100 Pa.3 III Misrepresentation A. fraudulent Misrepresentation 欺诈性错误陈述 1.the representor made a false statement 2.the representor knew the statement was false, or was recklessly indifferent about its truthfulness. 3.the representor intended that the statement would persuade the other party to enter the contract. 4.the innocent party relied wholly or partly on the statement. 5.the innocent party suffered loss as a result of the false representation. Remedies: damages III Misrepresentation B. Innocent Misrepresentation 无意的错误陈述 1. the representor did not know the statement was false and was not recklessly indifferent about its truthfulness 2. there is no need to prove that damages resulted. Remedy: avoidance of the contract P101 III Misrepresentation C. Negligent Misrepresentation 过失的错误陈述 1. the representor makes a false statement innocently but carelessly; 2. the other party reasonably relies on and suffers a loss. Remedies: damages * the freedom of the parties to determine the content of their contract (but with exceptions). the right to exclude UNIDROIT PICC in whole or in p