Created by Det Ferraris
over 11 years ago
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Violations of a material warranty warrants for the contract to rescind.
Express Warranty
Implied Warranty
(memorize)
Representation=Implied Warranties
Representation=Written/Oral
Implied Warranties=Written/Oral
(memorize)
Information that does not need to be communicated in a contract.
Matters of Opinion CIC 339
Warranty
Material
(memorize!)
Materiality of concealment is the rule used to determine the importance of a representation (misrepresentation)
Fraud
Rescission
When insurer can Rescind
Representation
Promise
(Memorize!)
Representation can be altered/withdrawn BEFORE the execution of the contract but not AFTERWARDS
Misrepresentation
Concealment
(Memorize!)
Representation is FALSE when it FAILS TO CORRESPOND with its ASSERTIONS AND STIPULATIONS.