In a preceding comment in this series, the various remedies affording relief for misrepresentation were examined for the purpose of determining what remedies are available in case of an innocent misrepresentation. Discussion was directed toward actions for damages for deceit, actions at law and in equity for restitution, the recovery of damages for breach of warranty, and the action based on the enforcement of representations on a theory of estoppel. The purpose of the present comment is to re-examine these remedies to determine what relief can be obtained by each of them, assuming for this purpose that all of the remedies will be available in each case. Another remedy, reformation of a written instrument, will also be considered
In accordance with underlying equitable principles, restitution is granted where a mistake has been ...
Contractual estoppel has been developed in the context of the exclusion of liability for misrepresen...
This article begins with a brief discussion of restitution as a remedy for breach of contract under ...
Misrepresentation is a false statement made by one party which affects the other partys decision to ...
This work deals in comparative perspective with the various remedies available to the innocent party...
When, in the absence of traditional contract formalities, a promise is enforced because the promisee...
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payme...
This work deals in comparative perspective with the various remedies available to the innocent party...
There is a longstanding debate about whether courts should enforce contract terms purporting to limi...
This Restatement will cover several distinct types of issues. The first is identifying the types of ...
This thesis examines issues concerning the rectification of contractual documents for mistake and th...
A number of courts and most writers recognize the existence of three types of misrepresentation. One...
This section discusses undercompensatory damages rules in contract law. These are rules that reduce ...
Serious problems of doing justice between parties to a contract arise where on the one hand specific...
The remedy of expectancy damages in contract law is conventionally described as strict liability for...
In accordance with underlying equitable principles, restitution is granted where a mistake has been ...
Contractual estoppel has been developed in the context of the exclusion of liability for misrepresen...
This article begins with a brief discussion of restitution as a remedy for breach of contract under ...
Misrepresentation is a false statement made by one party which affects the other partys decision to ...
This work deals in comparative perspective with the various remedies available to the innocent party...
When, in the absence of traditional contract formalities, a promise is enforced because the promisee...
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payme...
This work deals in comparative perspective with the various remedies available to the innocent party...
There is a longstanding debate about whether courts should enforce contract terms purporting to limi...
This Restatement will cover several distinct types of issues. The first is identifying the types of ...
This thesis examines issues concerning the rectification of contractual documents for mistake and th...
A number of courts and most writers recognize the existence of three types of misrepresentation. One...
This section discusses undercompensatory damages rules in contract law. These are rules that reduce ...
Serious problems of doing justice between parties to a contract arise where on the one hand specific...
The remedy of expectancy damages in contract law is conventionally described as strict liability for...
In accordance with underlying equitable principles, restitution is granted where a mistake has been ...
Contractual estoppel has been developed in the context of the exclusion of liability for misrepresen...
This article begins with a brief discussion of restitution as a remedy for breach of contract under ...