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Topic: Business
Number of pages / Number of words: 6 / 1613
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However, the deceived party must suffer actual damage.

  • On discovering the fraud, the deceived party must elect either to affirm or rescind the contract. In the case of rescission, which is an equitable remedy, the deceived party must act promptly on the discovery of the misrepresentation or the right to rescind may be lost...

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In the case of affirmation, the deceived party can insist that the representation be made good, if that is possible. Once a choice is made, it is irrevocable.

Affirmation does not prevent the deceived party from bringing an action for damages for deceit where the contract has been declared, for the action is one of tort...


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