Consider the statements below: I. Representations and warra...
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Ano: 2012
Banca:
FGV
Órgão:
Senado Federal
Prova:
FGV - 2012 - Senado Federal - Consultor Legislativo - Assessoramento em Orçamentos |
Q2258334
Inglês
Texto associado
Another view on representations and warranties
(Tina L. Stark. Adaptado de:
http://apps.americanbar.org/buslaw/blt/2006-01-
02/nonbindingopinion.html
Consider the statements below:
I. Representations and warranties are not inextricably linked. Some parties, as a matter of principle, refuse to take fraud risk (read punitive damages), and will not make representations, only warranties.
II. Representations, if shown to be false, and if the injured party knew them to be false, can give cause for the rescission of the agreement and the party making the representation can be sued for fraud.
III. A plaintiff may be able to win a breach of warranty claim when it would have lost a claim for fraudulent misrepresentation because it could not prove that the defendant knew the representation to be false.
According to the text
I. Representations and warranties are not inextricably linked. Some parties, as a matter of principle, refuse to take fraud risk (read punitive damages), and will not make representations, only warranties.
II. Representations, if shown to be false, and if the injured party knew them to be false, can give cause for the rescission of the agreement and the party making the representation can be sued for fraud.
III. A plaintiff may be able to win a breach of warranty claim when it would have lost a claim for fraudulent misrepresentation because it could not prove that the defendant knew the representation to be false.
According to the text
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