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If you have a legal matter like Auto Accident or Child Support matter, or you caught yourself in the Slip and Fall Injury whether you're an individual, a professional, a business owner, or whether you represent a corporation, it is paramount that you hire the best legal team you can in Palmdale and Lancaster CA. Don't leave your outcome up to chance! Our office is known for, and has a reputation for, fighting effectively and aggressively to defend our clients' interests. |
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Business law
and contract law require special attention
from knowledgeable attorneys that will focus
on your particular case of misrepresentation
and breach of contract. The Law Offices of
Jesus Zuniga has these knowledgeable, qualified,
and skilled staff that can best assist you
and your business contract needs.
Sometimes a contract or agreement was entered
into with one party having the intent to misrepresent
their terms so they may have an unfair advantage
over the other party(ies). In the court system,
misrepresentation is a term known as a contract
defense. Contract defenses are considered
to protect people from unfairness or inequality
in the process of bargaining, or in the core
of the contract itself. If there is a valid
defense to a contract such as misrepresentation,
then, the contract may be void-able or even
considered void if the misrepresentation was
extreme. This means that the party to the
contract who was the victim of the inequality
may be able to cancel or revoke the contract
and if the extreme unfairness exists, the
void contract is declared by the court that
it was never formed.
Misrepresentation focuses on dishonesty in
bargaining. A misrepresentation may be: a
false statement of fact; the deliberate withholding
of information which a party has a duty to
disclose; or an action that conceals a fact
(for example, painting over water damage when
selling a house). The intent of misrepresentation
can be shown if it was a persuading factor
in the victim party’s decision to enter
into the contract with the offending party.
One example would be if products are bought
and sold between companies and there is a
misrepresentation made knowingly. If there
were false facts or promises made regarding
the quality or performance of the products
sold and bought, then that would be actionable
to pursue the charge of misrepresentation.
Misrepresentation can be categorized into
three terms: fraudulent, negligent, and innocent.
Fraudulent is what is referred to above as
when there is an intent to deceive. Negligent
misrepresentation means the representation
was made carelessly and there were no rational
reasons for believing it. Innocent misrepresentation
denotes that the representor reasonably believed
his misrepresentation to be true. It is also
important to show that the statement that
is under examination for misrepresentation
be shown NOT to be an actual term of the contract.
Breach of contract can be a costly injury
in business. If you have been a victim of
misrepresentation, it is important that you
receive the legal assistance vital to your
case and your business. The Law Offices of
Jesus Zuniga will give you the time and attention
your case needs to achieve the best possible
outcome for you. |
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