• 1999 - Unintentional Misrepresentation - Contract
  • C-50.32
    • Contracts
    • Contracts
    • Misrepresentation
  • A party to a contract may not induce another to enter into a contract by making a positive assertion, in a manner not warranted by the information of the person making it, of that which is not true although the person believes it to be true. Lack of intent to deceive does not protect one who makes a false statement without a sufficient factual basis for that statement.
    • 9-03-08(2)
    • Bourgois v. Montana-Dakota Utils. Co., 466 NW2d 813 (ND 1991)
    • Holcomb v. Zinke, 365 NW2d 507 (ND 1985)
  • Notes: The Pattern Jury Instructions Commission directs attention to Bourgois v. MDU, 466 N.W.2d 813 (ND 1991) and Holcomb v. Zinke, 365 N.W.2d 507 (ND 1985), as to whether silence, under certain circumstances, can be a misrepresentation.