Chapter XI. Fraud In The Inducement
Description
This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Chapter XI. Fraud In The Inducement
I. REPRESENTATIONS
281. Fraud in the inducement - False representation.
Sec. 282. Form of false representation.
Sec. 283. Fraud committed by acts.
Sec. 284. Active concealment.
Sec. 285. Partial disclosure.
Sec. 286. Fraud affecting written contracts.
Sec. 287. Fraud affecting contracts within the Statute of Frauds.
Sec. 288. Representations as a credit of third person - Statute of Frauds.
Sec. 289. Special statutory provisions as to fraudulent representations.
Sec. 290. Material fact - What is fact.
Sec. 292. Fact stated as opinion.
Sec. 293. Opinions involving material facts.
Sec. 294. Predictions.
Sec. 295. Promises.
Sec. 296. Promise coupled with statement of fact.
Sec. 297. Breach of contract amounting to constructive trust.
Sec. 298. Promise without without intention of keeping it - Promise treated as fraud.
Sec. 299. Promise not treated as fraud.
Sec. 300. Threat without intention of keeping it.
Sec. 301. Sales on credit - Intent not to pay.
Sec. 302. Acceptance of deposit by insolvent bank.
Sec. 303. Absence of reasonable belief in ability to pay.
Sec. 304. Effect of reasonable belief in ability to pay.
Sec. 305. Value - Parties on equal footing.
Sec. 306. Value - Parties not on equal footing.
Sec. 307. Price.
III. MATERIALITY 8 308. Materiality.
Sec. 309. Illustrations of material representations. Sec. 310. Illustrations of immaterial representations.
Sec. 311. Materiality of promise.
IV. FALSITY
Sec. 312. Falsity.
Sec. 313. Knowledge of falsity.
Sec. 314. Statement as of personal knowledge. Sec. 315. Statements of facts which it is one's duty to know. Sec. 316. Statement on authority disclosed. 433
Sec. 317. Intent to deceive.
Sec. 318. Statement not made to party deceived. Sec. 319. Statement made to deceive public. Sec. 320. Statements to commercial agencies.
VII. RELIANCE
Sec. 321. Reliance on false statement.
Sec. 322. Standard for determining existence of fraud.
Sec. 323. Continuing representations.
Sec. 324. Effect of action other than that intended.
Sec. 325. Necessity of sole reliance on false statement.
Sec. 326. Duty of making further investigation.
Sec. 327. Investigation held necessary - Comparison of doctrines.
Sec. 328. Right to rely where means of knowledge not equal.
Sec. 329. Right to rely where parties are in confidential relations.
Sec. 330. Effect of independent investigation.
Sec. 331. Effect of partial and unsuccessful investigation.
Sec. 332. Effect of investigation defeated by fraud.
VIII. DAMAGE
Sec. 333. Damage a necessary element of fraud. Sec. 334. Fraud in contract invalid in any event. Sec. 335. Meaning of "damage" in contract law.
IX. PARTY MAKING FALSE STATEMENT
Sec. 336. By whom false representation can be made.
Sec. 337. Fraud of agent acting for his principal.
Sec. 338. Advantage taken of false statement by other who is not agent.
X. REMEDIES FOR FRAUD
Sec. 339. Election of remedies for fraud.
Sec. 340. Action of deceit.
Sec. 341. Effect on contract of fraud in the inducement.
Sec. 342. Informal rescission at law - Recovery of value of performance.
Sec. 343. Defense to executory contract.
Sec. 344. Compromise or release obtained by fraud.
Sec. 345. Formal rescission in equity.
Sec. 346. Rescission of contract under seal for fraud in the inducement - Common law and equity. Sec. 347. Rescission of contract under seal for fraud in the inducement - Statu tory provisions. Sec. 348. Rescission in equity of instrument conveying title to realty. Sec. 349. Rescission in equity of negotiable instrument. Sec. 350. Rescission in equity of simple, non-negotiable instrument. Sec. 351. Evidence of fraud in suit for rescission. Sec. 352. Duty to place adversary party in statu quo. Sec. 353. Partial rescission impossible. Sec. 354. Ratification - In general.
Sec. 355. What amounts to ratification - Operative acts. Sec. 356. Knowledge of facts. Sec. 357. Unequivocal acta.
Sec. 358. Fair opportunity to avoid.
Sec. 359. Effect of ratification. Sec. 360. Laches.
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