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Big Bank vs Systems Inc Contract Dispute

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Submitted By lhiltebeitel
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Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court?
Possible causes for Big Bank legal action: Misrepresentation
“Data processing systems were the fastest around” “Systems Inc. never missed a deadline”
When one party to a contract is not given full or accurate information by the other party about the contract subject matter, misrepresentation occurs. In the case of misrepresentation in the formation of a contract, the law allows a rescission of the contract. Rescission means the contract is set aside. Misrepresentation occurs when a seller makes inaccurate statements about its product or fails to disclose pertinent information about its product that would affect someone’s decision to enter into the contract. To be a basis for rescission, the misrepresentation must have been one regarding a material fact. A material fact is the type of information that would affect someone’s decision to enter into the contract.
Although misrepresentation can result simply because of inaccurate information, fraud is the knowing and intentional disclosure of false information or the knowing failure to disclose relevant information. Fraud has the same elements of proof as misrepresentation, with the added element of knowledge that the information given is false.
Unconscionable
Section 2c of Big Bank, Systems Inc.
“In the event the conversion process is stopped, cancelled, or suspended by Big Bank, Big Bank agrees to pay Systems Inc. all labor costs, expenses, and charges incurred by Systems Inc. in preparing to perform under this Agreement”
Some contracts are not actually contracts for criminal or illegal activities, but the terms of the contract are grossly unfair to one party. A contract that gives all the benefits to one side and all the burdens to the other is an unconscionable contract. The

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