The false allegation of fact by one party to the other must be intended for the party to rely on it and to put the contract on the back of this statement. A false allegation of fact must relate to an existing fact or past event. False statements of facts can be made by word or communicated by email, letter, etc. The following provisions are not covered by the definition of a factual allegation: the person relying on the statement must have been notified of the false factual allegation. The statement must be a fact that led the party to conclude the contract. That is not necessarily the only reason that person entered into the contract, but that must be one of the reasons. If, for example.B. the other party entered into a contract regardless of the false assertion of the facts, that would not be considered an essential assertion. If you enter into a contract with another person or organization, each party must be truthful in its negotiations and all statements made before the contract is concluded. In the event of false or misrepresentation and a contract that follows, the victim may break the contract because it corresponds to the heart of what is needed before and during contact. Negligent misrepresentation is the case where a statement is made without reasonable reason to accept it.
It is up to the person making the statement to prove that he or she had reasonable grounds to believe in the truth. If the applicant simply refers to the statement without verifying its validity (even if they have been able to do so) and enters into the contract, this is an incentive. If the other party verifies the facts but still concludes the contract, there will be no inducement, because it cannot be said that they relied on the misrepresentation. There are different degrees of misrepresentation and misrepresentation, each with different results in the law. For a misrepresentation to be legally exploitable, there must have been a false factual allegation made by one part of the other party that led that party to enter into the contract. Fraudulent misrepresentation occurs when a misrepresentation of facts or laws is made either knowingly or without the creator`s believe that it is true (or ruthless in relation to its truth). To prove a fraudulent misrepresentation, a misrepresentation alone is not sufficient to assert a claim. The declaration must have led the other party to enter into the contract. To demonstrate this, the following conditions must be met: from time to time, a party may make a factual claim that subsequently becomes erroneous due to a change in circumstances or a period of time.