Comment by otterley
9 hours ago
> you have totally misunderstood article 30 if you claim it is about unjust contracts
Fraudulent inducement is not about unjust terms in contracts. The elements of fraudulent inducement in the US are:
1. The other party falsely represented something to you regarding a material fact;
2. They knew that it was false;
3. They made the representation in order to induce you to rely on it;
4. You did actually rely on it;
5. You did not know that it was false; and
6. You sustained damages as a result.
I imagine it's not significantly different in Sweden.
> According to Section 30 of the Contracts Act, a legal act cannot be enforced if the party against whom the legal act was performed caused the legal act by fraudulent misrepresentation.
OK. We have the same law. But I don't understand what this has to do with an "I didn't read the contract" defense. Since you possess a Swedish law degree, can you cite a single case wherein a party to a contract escaped their duty to perform merely because they didn't read the contract? Assume no fraud, clear language, no misrepresentation, no unconscionable/unlawful terms, both parties are competent to enter a contract, etc.
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