the meaning of „the absence of true consent” in relation to a simple contract define misrepresentation and describe the key elements of the false distinction between fraudulent and innocent misrepresentation, and compulsively identify remedies for each definition, describe the main elements of coercion and identify the remedy to the definition of inappropriate influence, describe the two types of inappropriate influence, and identify remedies to define incomprehensible misunderstanding to define the incomprehensible misunderstanding. , describe the key elements of scruples and identify the use of adhesion to voluptuousness As separate issues of actual consent, the law allows minors and others who do not have legal capacity to be exempt from contractual obligations in certain circumstances; In addition, the validity of the contract is affected if the purpose of the contract is contrary to the law of law or if it is not in the required form of a given law. While the contract may have the essential conditions of a valid offer, acceptance, legal intentions and consideration, its validity or applicability may be compromised by a number of factors. The agreement may require genuine consent between the parties. In other words, even if the parties appear to be reaching an agreement, it may not have been actually reached because of the fault, pressure, injustice or fear of the parties involved. For the purposes of this course, we focus on the theme of lack of actual consent and, in particular, issues of false presentation (both innocent and fraudulent), inappropriate influence, coercion and indecent behaviour. In these circumstances, the parties did not enter into the contract voluntarily or with genuine consent, although at first glance the rules of offer and acceptance may appear to be fulfilled. Here, the law allows the innocent party to „avoid” the contract that involves the return of the parties to the pre-contract position. Such a means is called resignation. Please note that the issue of „error,” which also falls under the category of „actual consent” or „lack of consent,” is not part of this course.
Impact on the Treaty Before we begin our discussion, it is important to reconsider the concepts of undated or unstable contracts at the beginning of the treaty conferences. Empty contracts are those that have no legal effect and therefore cannot be applied in court. On the other hand, unsigned contracts include those that can, as far as possible, be revoked by either party, since they have not really approved the agreement. Innocent misrepresentation is a person who is made honest, with a true faith in his truth and with no intention of deceiving the other party. By Derry v Peek (1889) 14 App Case 337, fraudulent misrepresentation is defined as someone who knowingly believes or without believing in his truth or recklessly (recklessly, if true to false) intentionally deceived.