Main Body

6.9 Third party influence over consent

As far as third party influence over consent is concerned, there are six possible causes of action that need to be considered. One of these – negligent misrepresentation – has already been discussed above, in the context of two-party situations. Others, such as the special rules relating to so-called “surety wives” are closely connected to, yet separate from, some of the other causes of actions discussed above.

 

The scenarios discussed in this part (i.e., 6.9 – 6.14) can suitably be divided into two types. First, are those situations where one party enters into a contract with another party, and does so due to a third party’s actions. For example, A may enter into a contract with C, due to the fact that B has advised, or in some other way influenced, A to do so. Second, are those situations where one party breaks a contract with, or avoids entering into a contract with, another party, and does so due to a third party’s actions. For example, A may breach its contract with C, due to the fact that B has persuaded, or in some other way influenced, A to do so.

 

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Svantesson on the Law of Obligations Copyright © 2022 by Dan Svantesson is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.