Multiple choice

A person who has been induced to enter into a contract by misrepresentation has the following remedies

  1. affirm the contract and insist on the misrepresentation being made good, if possible.

  2. rescind the contract.

  3. rely upon the misrepresentation as a defence to an action on the contract.

  4. all of these.
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

When a party enters into a contract due to misrepresentation, they have multiple remedies available. Option D correctly states that ALL these remedies are available: (1) affirm the contract and ask for the misrepresented term to be fulfilled if possible, (2) rescind (cancel) the contract entirely, or (3) use the misrepresentation as a defense if sued on the contract. The victim can choose whichever remedy best serves their interests. Options A, B, and C each list one valid remedy but incorrectly exclude the others.

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