Discuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.
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Discuss how a misrepresentation - be it innocent, negligent or fraudulent - is treated under tort law vs. contract law.
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- Explain the concept of fraudulent misrepresentation in business torts.How do contracts interact with other areas of law, such as tort law, employment law, and intellectual property law?What are the general characteristics of torts and principles of tort law? Explain the tort of strict liability and why very few defenses are available.
- Discuss the legal principles surrounding misrepresentation in contract law.According to Art. 1158 of the NCC, obligations derived from law are not presumed. Now, how can we determine whether an obligation arises from law or from some other source, such as a contract, a quasi-contract, a criminal offense, or a quasi-delict? Give examples.Explain the concept of contract law. What are the essential elements of a contract, and what types of contracts are enforceable? What remedies are available for breach of contract, and what steps can a business take to minimize its liability for breach of contract?