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Source Formation Complete Delaware Bar Exam Topic Index List Matched to this deck.

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0 tracked cards Delaware Essays

Owner told Contractor that Owner would sign a remodel contract only if all electrical work was performed by licensed electricians. Contractor replied, "Absolutely; I use only licensed electricians." Before saying that, Contractor had already promised the electrical work to an unlicensed cousin to save money and had no plan to hire anyone licensed. Owner signed the contract and later discovered the arrangement before work began.
Which statement best describes Owner's fraud defense?

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The defense fails unless Contractor threatened Owner before signing. Promissory fraud exists whenever a promisor later breaches for any reason. A promise made without any present intention of performing can constitute actual fraud if it materially induced the contract. Owner cannot raise fraud because Contractor's statement concerned future performance.

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