What are three defenses to contractenforceability? Provide examples.
Expert Answer
Whenever a fraudulentmisrepresentation occurs the innocent party can choose not toenforce the contract. In order to prove fraudulentmisrepresentation, the elements that should be proved are amisrepresentation of a material fact have occurred, there was anintent to deceive and the innocent party have justifiably relied onthe misrepresentation. For example consider the case where onecontracts to buy a diamond based on the information provided by theseller that it is very rare and expensive paying $10,000. Afterbuying the buyer came to know that it is only crystal and notoriginal diamond. Misrepresentation of
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