A breach of representation by party A in a contract would allow party B to do what?
Suggested Answer: C
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A breach of representation is a major/ fundamental breach and allows the innocent party to rescind the contract and claim damages. A Breach of Representation is when you provide false information about who you are- this might have been a fundamental reason as to why the contract went ahead. If it turns out not to be true, the other party has the right to cancel the contract and claim damages. See p.126
12 comments · newest first
RO
Roosevelt
4 months ago
I agree with C. Damages are also important for compensation.
BU
Burma
4 months ago
I feel like A is enough. Rescinding is a strong move.
SH
Shantell
4 months ago
I think it's C. Both options make sense.
KE
Keith
4 months ago
Breach of representation usually leads to rescission and damages.
LA
Lacresha
4 months ago
I learned it's definitely not D.
LE
Leatha
4 months ago
Wait, are you sure it's not just A?
LA
Lavonne
6 months ago
Totally agree, C seems right!
MA
Mable
6 months ago
I think it's C, rescind and claim damages.
RA
Raina
7 months ago
I lean towards A, but I could see how it might also be C. I just hope I remember the details correctly during the exam!
GL
Gladys
7 months ago
I’m a bit confused about what constitutes a fundamental breach. I thought a breach of representation was serious enough for B to take action.
LE
Leonora
7 months ago
I remember practicing a similar question where we discussed rescission and damages together. I feel like the answer could be C.
NO
Norah
7 months ago
I think a breach of representation might let party B rescind the contract, but I'm not sure if they can also claim damages.