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a promise to buy or sell that the courts will require the parties to obey |
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erroneous belief about the facts of the contract at the time the contract is concluded |
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result of an error by one party about a material fact |
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shared by both parties to the agreement |
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untruthful assertion by one of the parties about a material fact |
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innocent misrepresentation |
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results from a false statement about a fact material to an agreement that the person making the statement believed to be true |
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person who made the false statement had no knowledge of the falsity of the claim |
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negligent misrepresentation |
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happens when the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it |
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fraudulent misrepresentation (intentional misrepresentation) |
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false representation of a material fact that is consciously false and intended to mislead the other party |
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the active hiding of the truth about a material fact |
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a failure to provide pertinent information about the projected contract |
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present when the party making the false statement claims or implies that he or she has personal knowledge of the accuracy of the assertion |
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those special relationships in which one person has taken advantage of his or her dominant position in a relationship to unduly persuade the other person |
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one party was forced into the agreement by the wrongful act of another |
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