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The Unfair Terms in Consumer Contracts Regulations 1999 105 (ii) Whether the customer was given any inducement to agree to the t ...

106 Chapter 3The terms of the contract deciding whether or not the requirement of good faith has been breached, the court will c ...

Essential points 107 If a term is regarded as unfair, then it is not binding upon the consumer, although the rest of the contact ...

108 Chapter 3The terms of the contract n In non-consumer deals, liability for breach of the statutory implied terms as to satisf ...

Task 3 109 5 Service Co service a boiler for Buildem Ltd. The contract is made on Service Co’s new written standard terms. One t ...

Chapter 4 Misrepresentation, mistake, duress and illegality This chapter deals with matters which can invalidate a contract. The ...

The difference between terms and representations 111 Example Sarah buys a car from a dealer, and the terms of sale are spelt out ...

112 Chapter 4Misrepresentation, mistake, duress and illegality The weaker the statement, the more likely it is to be a represent ...

The difference between terms and representations 113 The relative knowledge of the parties A party who has more knowledge about ...

114 Chapter 4Misrepresentation, mistake, duress and illegality misrepresentation How a representation becomes a Bisset vWilkinso ...

How a representation becomes a misrepresentation 115 A person who checks the truth of a statement cannot later say that the stat ...

116 Chapter 4Misrepresentation, mistake, duress and illegality Silence as a misrepresentation Generally, silence cannot be a mis ...

How a representation becomes a misrepresentation 117 Contracts of insurance Contracts of insurance are contracts uberrimae fidei ...

118 Chapter 4Misrepresentation, mistake, duress and illegality Fraudulent misrepresentation Fraudulent misrepresentation was def ...

How a representation becomes a misrepresentation 119 Example Daniel sells a printer to Bill and makes a misrepresentation to the ...

120 Chapter 4Misrepresentation, mistake, duress and illegality under s. 2(2) instead of rescission. These damages would have com ...

How a representation becomes a misrepresentation 121 goods which the consumer has had. The meaning of rescind under s. 48C is co ...

122 Chapter 4Misrepresentation, mistake, duress and illegality If, however, the goods are sold to the innocent third party after ...

Mistake 123 Whichever of the two parties suffers the loss will be left with the right to sue the rogue for damages. However, it ...

124 Chapter 4Misrepresentation, mistake, duress and illegality Figure 4.4 An outline of the different types of mistake ...