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Who can void a contract, where intentional fraud accord?

a) The byer only
b) The seller only
c) Only if both parties agree
d) The injured party only

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User Levesque
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1 Answer

5 votes

Final answer:

The injured party has the right to void a contract where intentional fraud has occurred. Fraud undermines the mutual consent required for a valid contract, so the law allows the party that was misled to annul the agreement.

Step-by-step explanation:

In cases of intentional fraud in a contract, it is the injured party who has the right to void the contract. Fraudulent misrepresentation is a breach of the essential trust between parties entering into an agreement, and the law typically provides remedies to the party that has been misled. In the context of a fraudulent transaction, the injured party—the one to whom false information was provided or from whom information was withheld—can assert their right to nullify the agreement.

The reason for this is that a contract is based on the mutual consent of both parties, with the assumption of honesty and full disclosure. If fraud has occurred, it essentially means that the informed consent was never truly given, as the fraud has tainted the process. This unilateral right to rescind the contract is meant to restore the injured party to the position they were in prior to the contract's creation.

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User Questionasker
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